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1982 Supreme(Mad) 247

S.NATARAJAN
Ayyasami Pillai – Appellant
Versus
Subbaraya Pillai – Respondent


JUDGMENT

S. Natarajan, J.

1. Plaintiffs 2 and 3, who succeeded before the trial Court, but lost their case before the lower appellate Court, are the appellants. The suit giving rise to the appeal was for redemption of a mortgage, or in the alternative, for specific performance of an agreement or reconveyance and for recovery of possession of the suit property.

2. The case of the appellants is as follows The suit property originally belonged to the appellants (plaintiffs 2 and 3) and time mother, late Adhilakshmi Animal. Adhilakshmi Ammal created an usufructuary mortgage over the property on 1st November, 1939 under Exhibit A-1 in favour of Arunachalam Pillai, father of the first respondent. Subsequently, in order to discharge the mortgage, Adhilakshmi Ammal as well as the appellants executed a mortgage deed by conditional sale under the original of Exhibit A-2, dated 7th October, 1944 and in terms of Exhibit A-2, the earlier mortgage was discharged. Consequently, a relationship of creditor and debtor came into existence between the parties on 7th October, 1944. Arunachalam Pillai, the usufructuary mortgagee and the first respondent were members of a joint family and Arunachalam Pillai























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