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