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1995 Supreme(Mad) 41

GOVARDHAN
N. Saroja – Appellant
Versus
Sri Vidya Chits and Finance (P) Ltd. , Karur – Respondent


Advocates Appeared:
For the Appellant:M. Jaichandran, Advocate.
For the Respondents:S. Parthasarathy, M/s. Sarvabhuvan & Associates, Advocates.

Judgment :-

1. This appeal arises out of the order passed by the learned Principal District Judge, Tiruchi in I. A. No.44 of 1985 in O.P. No.43 of 1979 allowing the same and revoking the Letters of Administration granted in respect of the unregistered Will dated 27.4.1973 said to have been executed by one Kaliammal.

2. The averments in the petition are as follows: Respondents 2 and 3 borrowed movies from the petitioner on the foot of an equitable mortgage. Since they did not pay the money, the petitioner filed O.S.No.474 of 1975 on the file of the Sub Court, Tiruchirappalli which was later on transferred to the Sub Court, Karur and numbered as O.S. No.308 of 1975. In spite of the contest made by the respondents 2 and 3, a preliminary decree was passed in favour of the petitioner on 27.1.1977. Since the respondents have not paid any money even after the passing of the preliminary decree, the petitioner filed an application in LA. No.555 of 1977 and a final decree has been passed on 27.6.1979 for the sale of the hypotheca. The respondents have borrowed the money representing that the property which originally belonged to their mother Kaliammal has been bequeathed in their favour by me











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