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1937 Supreme(Mad) 98

VARADACHARIAR
Periaswami – Appellant
Versus
Vaidhilingan Pillai – Respondent


JUDGMENT

Varadachariar, J.

1. This appeal arises out of a mortgagees suit for sale. The mortgage sued on (Ex. A) was executed in 1925 by defendant 1 for himself and as guardian of his five minor sons. Defendant 2, the eldest son, attained majority during the pendency of the suit and by the written statement filed on behalf of the minor sons, questions were raised as to the binding character of the mortgage as against the interests of the sons in the mortgaged property. The mortgage was for a sum of Rs. 4,000. Objection was taken particularly in respect of two items of consideration, viz. a sum of Rs. 2,242 directed to be paid by the mortgagee to one Manicka Pillai who had obtained a decree against the father in Order Section No. 30 of 1921 on the file of the Court of the Trichinopoly Subordinate Judges Court and a sum of Rs. 960-12-0 left with the mortgagee to be paid to a Nattukottai Chetti from whom money had been borrowed by defendant 1 on a promissory note (Ex. F) dated 9th October 1923. It was contended that the father had no necessity to borrow at all and had been leading an immoral life and that the moneys due both under the decree in O.S. No. 30 of 1921 and under the promisso





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