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1969 Supreme(Mad) 171

S.GANESAN
Meiyappan Servai – Appellant
Versus
Meenakshi Achi – Respondent


Advocates:
G. Ramaswamy and M. Kalyanasundaram, for Petitioner.
S. Sitarama Ayyar and S. Rajarama Ayyar, for Respondent.

ORDER:-

This petition is directed against the judgment and decree of the District Munsif, Pattukkottai in S. C. S. No. 699 of 1966.

The respondent filed the suit in question for recovery of a sum of Rs. 400 (together with Rs. 88 interest on the said amount) advanced by him under a mortgage bond executed by the petitioner herein (defendant) in his favour on 12th June, 1962 for a sum of Rs. 750 on the allegation that subsequently the petitioner refused to have the mortgage registered. As per the mortgage deed, the balance of Rs. 350 had to be paid by the respondent before the Sub-Registrar at the time of registration. The Court had decreed the suit accepting the respondent’s contention that the suit though filed on 13th March, 1966 three years after the date of the mortgage bond, is saved from the bar of limitation, as the mortgage money of Rs. 750 is repayable in twelve months from the date of the bond.

The only question which is pressed by the learned Counsel for the petitioner in the course of his arguments in the revision is that the suit is barred by limitation.

The mortgage bond is not registered and a personal convenant contained in the bond shows that the petitioner had undertake








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