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2007 Supreme(Mad) 1045

P.JYOTHIMANI
Nagammal – Appellant
Versus
Valliammal – Respondent


Advocates:
For the Petitioner:G. Jeremiah, Advocate. For the Respondent:N.R. Anantha Rama Krishnan, Advocate.

Judgment :-

The plaintiff in the Trial Court is the Appellant. The plaintiff filed a suit for redemption of mortgage against the defendant on receipt of the mortgage amount of Rs.400/- and also for possession.

2. The case of the plaintiff was that the suit property which is a tiled house along with a vacant site comprised in Natham Poramboke Survey No.502/1 at Selai Kandigai Village, Tiruvallur Taluk, which was originally mortgaged jointly by the plaintiff’s husband Anandan and his father Doraisamy Reddy to the defendant under the mortgage deed, dated 21.01.1973 marked as Ex.A.1, by which the defendant took possession. The plaintiff’s husband Anandan died in 1983 before his father and ultimately his father Doraisamy Reddy also died on 111. 1988. Thereafter, the plaintiff claming to be the legal heir has issued notice dated 010. 1988 to the defendant for redemption marked as Ex.A.2 for which the defendant has issued a reply notice, dated 110. 1988 marked as Ex.A.3 and filed the suit for redemption.

3. The defendant filed written statement stating that the plaintiff has lost her right or redemption since the mortgagor has sold the equity of redemption to Subramania Reddy, S/o Peruma





























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