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2010 Supreme(Mad) 5537

S.PALANIVELU
K. Sahadevan – Appellant
Versus
K. Allagammal (Decd. ) – Respondent


Advocates Appeared:
For the Appellant:J.R.K. Bhavanantham, Advocate.
For the Respondents:S. Subbiah, Advocate.

Judgment :-

1. This appeal is filed against the judgment and decree dated 24.09.1991 passed in O.S.No.5848 of 1987 on the file of VIII Asst. Judge, City Civil Court, Madras.

2. The following are the allegations contained in the plaint -

2 [a] The Plaintiff states that the defendants are his parents, that he and the 1st defendant are joint owners of the house, ground and premises bearing Old Door No.4, New Door No.10, Mandappam Road, 3rd Lane, Madras – 10, that the said house was constructed fully out of his own funds and thereafter for further improvements to that property he and his mother jointly mortgaged the said premises in the year 1976 with the Egmore Benefit Society Limited and obtained a sum of Rs.30,000/- from the Egmore Benefit Society by way of loan on the security of the above mentioned premises at No.10, Mandappam Road, 3rd Lane, Madras – 10.

2 [b] As the plaintiff was formerly employed at Coonoor, he has allowed his mother and 1st defendant herein to collect the rent from the tenants and pay the amounts to the Egmore Benefit Society Limited and cleared the mortgage. Another sum of Rs.5,000/- was jointly borrowed by plaintiff and the 1st defendant from the above said

































































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