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1931 Supreme(Mad) 109

RAMESAM
C. R. Subramania Aiyar – Appellant
Versus
Panchanada Odayar – Respondent


JUDGMENT

Ramesam, J.

1. The plaintiff is the appellant in this case. The suit is filed upon a mortgage bond, Ex. A, dated 31st August 1912. It was executed for Rs. 400, but the plaintiff admits that only Rs.300 out of the consideration was advanced and the other Rs. 100 was not advanced to defendant 1. The mortgage purported to be a mortgage with possession of certain properties of defendant 1, but as a matter of fact possession of the properties was not delivered to the plaintiff. The plaintiff therefore claims damages in the shape of mesne profits for three years, which he claims to be Rs. 285 at the rate of Rs. 95 a year. Defendant 1 pleaded that the mortgage was not supported by consideration. Both the lower Courts found that it was supported by consideration to the extent of Rs. 300. Mr. Seshagiri Sastri, the learned advocate for the respondents, repeated the argument that the document was merely nominal and was not supported by consideration. He has not filed any cross-objections but has mentioned this point merely for supporting the decree so that I may not give the additional relief which the appellant seeks. However, I do not see any reason why I should not accept the findin





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