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1986 Supreme(Mad) 26

M.N.CHANDURKAR
H. G. Nanjappa – Appellant
Versus
M. F. C. Industries (P) Ltd – Respondent


Advocates Appeared:R. Subramaniam, P. Veeraraghavan, Advocates.

Judgment :-

This revision petition filed by the defendant is directed against the order made by the District Judge of Nilgiris at Uthagamandalam that the memo of deposit of title deeds in the instant case did not require registration and was, therefore, admissible in evidence.

2. The question arises in the following way : The plaintiff brought a suit against the defendant-present petitioner claiming a sum of Rs. 22,168, on the basis of a promissory note executed by the defendant on 22-4-1980. This amount, according to the plaintiff, was the price of fertilizers supplied to the defendant by the plaintiff-company. The promissory note makes the amount of Rs. 20,062-29 p. payable with interest at 1.50 per cent per annum. On 1-7-1980, the defendant deposited title deeds in respect of his property, according to the plaintiff, with intent to create an equitable mortgage of the property covered by the title deed for repayment of the moneys due under the pronote dated 22-4-1980. The plaint alleges that the Letter dated 1-7-1980 creating equitable mortgage and the memorandum accompanying the deposit of title deeds together with the title deeds dated 24-11-1966 and 9-12-1966 and the encumbranc





















































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