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1982 Supreme(Mad) 479

S.NAINAR SUNDARAM
N. Govindaswami – Appellant
Versus
R. Bakkim – Respondent


ORDER

S. Nainar Sundaram, J.

1. The petitioner in O.P. No. 344 of 1980 on the file of the X Assistant Judge, City Civil Court, Madras, is the petitioner in this revision. The respondent herein, is the respondent in the said Original Petition. The petitioner is a mortgagor in respect of two mortgages, one dated 29th July, 1974 marked in this case as Exhibit R-5 and the other, dated 7th May, 1975 marked in this case as the Exhibit R-7. Principal amount secured under the first mortgage is Rs. 15,000 and the principal amount secured under the second mortgage is Rs. 10,000 The rate of interest stipulated under the first mortgage is 12 per cent per annum and the rate of interest stipulated under the second mortgage is 15 per cent per annum. The respondent is the mortgagee. The petitioner filed O.P. No. 344 of 1980 under Section 83 of the Transfer of Property Act depositing a sum of Rs. 29,000 as the amount remaining due nnder both the mortgages This quantum, the petitioner arrived at as the correct quantum by stating that he is entitled to the benefits of Tamil Nadu Act XXXVIII of 1972, in respect of the mortgage dated 29th July, 1974 under Exhibit R-6, In fact, the petitioner filed O.P. N






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