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2001 Supreme(Mad) 194

E.PADMANABHAN
TKT. Alagappan and others – Appellant
Versus
Vimala Balasubramanian represented by power agent, B. Swaminathan, Pudukottai – Respondent


Advocates:
V.Sundar, for S.Viswanathan, for Appellants.
Ms.Sindhuja, for T.R.Rajaraman, for Respondent.

ORDER: The defendants in O.S. No.155 of 1986 on the file of the Subordinate Judge, Pudukottai, are the appellants in this appeal. Heard, Mr.V. Sundar for the appellants and Ms.Sindhuja for Mr.T.R. Rajaraman for the respondents. For convenience, the parties to this appeal will be refereed as arrayed before the trial Court.

2. The respondent herein instituted the suit for the recovery of a sum of Rs.73,274.51, being the amount due on the mortgage dated 22.9.1961 with subsequent interest, and the present suit has been instituted to enforce the suit mortgage and recover the amount due inclusive of interest.

3. According to the plaintiff, on 22.9.1961 defendants 2, 3 and Sigapi Achi borrowed Rs.8,500 and to secure the said sum they executed a deed of mortgage. The said Sigapi Achi had executed the mortgage for herself and on behalf of defendants 1 and 4 as their agent and as guardian of the 5th defendant. As per the stipulations contained in the deed of mortgage the defendants are liable to pay the entire suit claim. The suit amount was borrowed to discharge certain earlier pending decree debts as well. Sigapi Achi passed away. Defendants 2 and 3 on 21.9.1971 remitted Rs.50 and made an en





















































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