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2012 Supreme(Mad) 4638

R.S.RAMANATHAN
N. Debora Indira Jaba Priya – Appellant
Versus
Ibrahim Sha – Respondent


Advocates appeared:
For the Appellants:T.V. Ramanujan, Senior Counsel for D. Ashok Kumar, Advocate.
For the Respondents:R1 & R2, S. Parthasarathy, Senior Counsel for M. Basker, R3 & R4, D. Muneeswaran, R5, V. Anandakrishnan, R6, A. Vadivel, Advocate.

Judgment :-

The defendants 1 and 2 are the appellants herein.

2. The respondents 1 and 2 herein filed the suit in O.S.No.2557 of 2007, on the file of the IV Additional Judge, City Civil Court, Chennai, for recovery of possession and to handover all the original title deeds in respect of the property and for costs of the suit.

3. That suit was decreed, as prayed for. Aggrieved by the same, this Appeal has been filed by the appellants/defendants 1 & 2.

4. The case of the plaintiffs, as seen from the plaint is as follows:-

i) The suit property originally belonged to the first defendant and her mother Mrs.Lilly Williams, who had a life estate in that property. Both of them borrowed a sum of Rs.1,00,000/- from the Chintadripet Co-operative Bank Ltd., and executed a registered mortgage, dated 19.06.1996, for the said sum. After the death of the first defendant's mother, with a view to discharge the mortgage debt, the first defendant along with the second defendant, mortgaged the property in favour of the defendants 3 & 4, for a sum of Rs.2,00,000/-, on 09.01.2002, and further borrowed a sum of Rs.2,00,000/-. Thus, the defendants 1 and 2 were liable to pay Rs.4,00,000/-, to the defenda
























































































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