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2013 Supreme(Mad) 135

M.Duraiswamy
P. Ananthakrishnan – Appellant
Versus
P. Shanbagavalli – Respondent


Advocates Appeared:
R. Thiagarajan, Advocate for Appellant.
M. Balasubramanian, Advocate for Respondent.

JUDGMENT

1. The above Appeal arises against the Judgment and Decree in O.S. No. 8294 of 1996 on the file of VII Additional City Civil Court, Chennai.

2. The Appellants 1 to 4 were the Defendants 2, 3, 6 & 7, Appellants 5 to 7 are the Legal Representatives of the deceased-Second Appellant and the Respondent was the Plaintiff in the Suit.

3. The Plaintiff filed the Suit in O.S. No. 8294 of 1996 for Specific Performance alternatively, to pay a sum of Rs. 2,18,000/- being the amount paid and liquidated damages with interest at 24% per annum.

4. The brief case of the Plaintiff in the Suit is as follows:

(i) According to the Plaintiff, the First Defendant was having life interest in the suit property and the Defendants 2 to 4 are having vested remainder in the said property. The Defendants 1 to 4 along with one Swarnambal, who is the mother of the First Defendant and paternal grand mother of Defendants 2 to 4, jointly mortgaged the suit property with the Plaintiff for securing the loan of Rs. 50,000/- borrowed by them on 6.6.1986 under a registered Mortgaged Deed. The Defendants have not discharged the debt amount and a sum of Rs. 1,81,944/- was due as on the date of filing of the Suit. T






























































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