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2003 Supreme(Mad) 1126

P.SHANMUGAM, R.BANUMATHI
Savithri Ammal (Deceased) & Another – Appellant
Versus
R. M. SP. Ramasami Chettiar & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. R. Subramanian in all appeals, Advocate. For the Respondents:R5 & R6 Mr. M.V. Venkataseshan, Mr. A. Muthukumar, Mr. P. Rajagopal, Advocates.

Judgment :-

P.SHANMUGAM, J.

Plaintiffs are the appellants. The four appeals along with the transfer appeal are filed against the common judgment dismissing their suits for recovery of Rs.45,854/-Rs.45,854/-, Rs.45,854/-, Rs.45,854/- and Rs.26,882/- respectively due on mortgage.

2. The parties are described as per their rankings before the trial court. The plaintiffs belong to the same family and are the mother, the father and the sons.

3. The plaintiffs, in their pleadings, have stated that the first defendant, as the family manager, was carrying on paddy business and the plaintiffs had supplied the paddy to them. According to them, defendants 1 to 4 in O.S. Nos.38, 65, 40 and 69 of 1986 respectively, who remained ex parte before the trial court and who were the owners of the suit properties, had borrowed a sum of Rs.25,000/- each from the plaintiffs in O.S. Nos.38/86, 40,86 and 65/86 on 16.6.1969, 14.9.1969, 15.9.1969 and also Rs.14,650/- from the plaintiff in O.S. No.69/86 on 15.9.1969, agreeing to repay at 6% interest and prescribing the period of redemption as one year, executing separate mortgage deeds. They further state that defendants 1 to 4 were adjudicated as insolvents an














































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