GOKULAKRISHNAN
Nataraja Deekshidar – Appellant
Versus
Aiyathurai Padayachi – Respondent
JUDGMENT:- Plaintiff is the appellant. The suit was for redemption of an usufructuary mortgage dated 29-8-1959 executed by one Kaliaperumal Padayachi in favour of the first defendant, on the allegation that the first defendant has been in enjoyment of the suit property as usufructuary mortgagee and that on 14-7-1960 the plaintiff entered into an oral agreement with Kaliaperumal Padayachi for purchase of the suit property for Rs. 2750. In accordance with the said agreement, Kaliaperumal Padayachi received Rs. 700 from the plaintiff in discharge of the bogiam deed executed by Kaliaperumal Padayachi's daughter Chinapillai, (4th defendant) in favour of one Pakkirisami Padayachi and for the discharge of a pronote debt due by Chinnapillai to the same Pakkirisami Padayachi. It was the further case of the plaintiff that Kaliaperumal Padayachi received on several occasions for his needs amount to the tune of Rs. 150. Later on, on 11-8-1960 Kaliaperumal executed the sale deed in favour of the plaintiff for Rs. 2,750, under which he directed the suit bogiam debt to be discharged by the plaintiff. In spite of repeated demands, the first defendant did not receive the bogiam amount and
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