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1996 Supreme(Mad) 1260

KARPAGAVINAYAGAM
Sokkuthai Animal and Another – Appellant
Versus
Pandiaraj and Others – Respondent


Advocates:
V.R.Gopalan, for Appellant.

Judgment :

This second appeal is against the judgment and decree dated 8. 1996, in A.S. No.2 of 1993, on the file of Principal Sub-Judge, Srivilliputhur, confirming the judgment and decree dated 30.7.1983, made in O.S. No.64 of 1993, on the file of District Munsif, Aruppukottai.

2.. The appellants are the defendants 2 and 3 in the suit in O.S. No.64 of 1983, for a final decree for redemption by directing the defendants to receive a sum of Rs.800 deposited in court and execute reconveyance. The respondents 1 to 3 are the 2nd plaintiff, 1st defendant and the legal representative of the deceased 1st plaintiff respectively. The plaintiffs executed a deed of mortgage by conditional sale on 27. 1978 in favour of the defendants 2 and 3 for Rs.800. The period fixed for repayment of money is three years. The defendants were put in possession of suit property, on the date of the execution of the document. Even before the expiry of the period of three years, i.e., in July, 1981, the plaintiffs requested the defendants to receive Rs.800 and execute the document of reconveyance. Since the defendants were not amenable for the same, on 8. 1981, plaintiffs issued a lawyer’s notice. The defendants s
































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