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1997 Supreme(Mad) 746

S.S.SUBRAMANI
A. C. A. Ganapathi Mudaliar and others – Appellant
Versus
Arumugathammal (Died) and another – Respondent


Advocates:
Mrs. Bagyalakhsmi, Advocate for Appellants. Mr.R. Subramaniam for Mr.S.K. Raghunathan, Advocate for Respondents.

Judgment :

1. Defendants in O.S.No.9 of 1984, on the file of Subordinate Judges Court at Tenkasi, are the appellants. Plaintiff Arumughathammal was the sole respondent in the second appeal. She died and her legal representative has been impleaded as second respondent.

2. Suit filed by the (deceased) plaintiff was one to recover a sum of Rs.23,248-96. P. by sale of mortgaged properties, and for other consequential reliefs. It is the case of the plaintiff that the first defendant on his own behalf and as legal guardian of defendants 7 and 8, executed a simple mortgage deed on 210. 1975 for a sum of Rs.17,000, agreeing to repay the same within a period of three years therefrom. He also agreed to pay interest at the rate of Rs.l.25P. per Rs.lOO per month on the original principal. It is averred that the transaction was entered into for the benefit of the family and in his capacity as father-cum-manager of the family. Defendants 2 to 6 who are major adult members of the family have also attested that mortgage deed fully knowing that the family property is offered as security. It is said that the liability was incurred for the purpose of the family and, therefore, all the members are per












































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