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2007 Supreme(Mad) 296

R.BANUMATHI
Haffilaby, rep. By her Power Agent S. Mohamed Cassime – Appellant
Versus
Nanou Mouhamed Ali, S/o. Late Mohamed Issouff & Another – Respondent


Advocates:
For the Petitioner:N. Mala, Advocate. For the Respondents: R2,
T.R. Rajaraman, Advocate.

Judgment :-

This Civil Revision Petition is directed against the order dated 012. 1998 of the Second Additional District Munsif, Pondicherry in O.P.No.5 of 1995, dismissing the Petition filed under Section 83 of the Transfer of Property Act.

2. The Petitioners case as projected in the Petition is as follows:- The Petition mentioned property – House bearing Door No.18 at Caziar Street, Pondicherry belonged to the Petitioner. She mortgaged the property to one Zaitouneby borrowing a sum of Rs.5,000/- from her and executed Usufructuary Mortgage Deed dated 27.01.1966. The Petitioner left India and resided at France. In the year 1970, the Petitioner sent money through the First Respondent – Nanou Mouhamed Ali. The First Respondent also paid and discharged the said Mortgage by payment of money to Zaithouneby. The First Respondent informed the Petitioner that he had duly discharged the Usufructuary Mortgage; but the First Respondent has not given any document to the Petitioner. When the Petitioner came to Pondicherry in March 1995, she found that the Second Respondent – Wife of the First Respondent is in possession of Petition mentioned property. While the First Respondent discharged the
















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