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1999 Supreme(Mad) 223

E.PADMANABHAN
Saraswathi Ammal (died) – Appellant
Versus
Rajeswari Ammal – Respondent


Advocates Appeared:
For the Appellants:A.K. Kumaraswamy, Advocate.
For the Respondent:R. Sekar, S. Parthasarathy, Advocates.

Judgment :-

The defendant in O.S. No. 823 of 1980 on the file of the District Munsif, Tindivanam, who had succeeded before the trial Court and lost before the first appellate Court is the appellant. The sole appellant died and his legal representatives had been brought on record by order dated 30th August, 1995 made in C.M.P. No. 10850/95.

2. For convenience, the parties will be referred as arrayed before the trial Court.

3. At the time of admission, the following two substantial questions of law were framed by this Court:—

1. Whether the lower appellate Court was right in the view it took that Ex. A.12 is not hit by the

provisions of Section 23 of the Indian Registration Act? And

2. Whether the lower appellate Court was right in its conclusion that the right of the appellant to obtain specific performance is barred by limitation and she cannot resist the suit for recovery of possession?

4. The plaintiff instituted the suit for redemption of the mortgage under Ex. A1 dated 27.07.1966. According to the plaintiff the property originally belonged to one Ramanathan who had mortgaged the property under Ex. A1, that the plaintiff had purchased the equity of redemption from the said Ramanathan














































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