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1998 Supreme(Mad) 387

S.S.SUBRAMANI
Ponnuswamy – Appellant
Versus
V. Santhammal and Others – Respondent


Advocates:
K.M. Santhanagopalan, for Appellant. Calai Jacob, for Respondents.

Judgment :

Defendant in O.S.No.1203 of 1979, on the file of III Additional Subordinate Judge’s court, Coimbatore, is the appellant.

2. The respondents, who are plaintiffs in the suit sought for the following reliefs against the defendant:

(a) for recovery of Rs.21,050 with subsequent interest till date of payment to be deposited by the defendant within a date to be fixed by court;

(b) ordering the sale of the properties mentioned in the schedule and adjust the sale proceeds towards the amount due to the plaintiffs;

(c) in case the sale proceeds are not sufficient to discharge the decree amount, granting a personal decree against the defendant,

(d) directing the defendant to pay the costs of the suit; and

(e) for such further and other reliefs as this Court may deem fit and proper under the circumstances of the case."

In the body of the plaint it is stated that on 25. 1975. the defendant executed a promissory note for Rs. 15.000 in favour of one Kandaswami, the husband of 1st plaintiff and father of plaintiffs 2 to 8 for valid consideration, agreeing to repay the same on demand with interest at 12% per annum. It is also said that after execution the said promissory note, the defendan





















































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