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2017 Supreme(Mad) 790

C.V.KARTHIKEYAN
T. R. Sundararajan – Appellant
Versus
P. Subramanian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.J.Marie Roseline
For the Respondent: Mr.Lakshmi Shankar

JUDGMENT :

This appeal suit has been filed by the Defendants in OS.No.302 of 2004 on the file of the Additional District and Sessions Judge (FTC I), Trichy, challenging the judgment and decree dated 30.3.2007.

2. The above suit had been filed for recovery of a sum of Rs.9,01,250/- with interest at the rate of 12% p.a. from the date of the plaint till the date of realisation.

3. In the plaint, the Plaintiff, who is the Respondent herein, had stated that the Defendants are husband and wife. They were known to the Plaintiff. They had borrowed money on various occasions, amounting to Rs.4 lakhs for discharge of their existing loan. They had also availed loan from Srirangam Cooperative Urban Bank Limited where the 2nd Defendant was one of the Directors. They could not repay the loan. The Bank therefore threatened to take action. In such a situation, the Defendants approached the Plaintiff. The Plaintiff discharged the loan to the Bank to a sum of Rs.2.26 lakhs and received the original title deeds, including the mortgage deed dated 9.5.1949, sale deed dated 9.9.1968, Will dated 16.5.1985, executed by Ramanujam Iyengar, father of the 1st Defendant, house tax receipt dated 2.9.1996, encumbra



















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