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2017 Supreme(Mad) 1389

T.RAVINDRAN
K. Sivakumar – Appellant
Versus
Y. Neeraja – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Raghavachari, M/s. V.S. UJsha Rani
For the Respondent: Mr. I. Abrar Mohammed Abdullah

JUDGMENT :

Mr. T. Ravindran, J.

Challenge in the second appeals are made by the plaintiff against the judgment and decree dated 22.04.2010 passed in A.S. No.719 of 2007 & 718 of 2007 respectively on the file of the Additional District & Sessions Court (FTC – IV), Chennai, reversing the judgment and decree dated 23.07.2007 passed in O.S. No.7183 of 1998 on the file of the VI Asst. City Civil Court, Chennai.

2. The second appeals have been admitted and the following substantial question of law is formulated for consideration in this second appeals:-

"Whether the judgment and decree of the First Appellate Court in dismissing the suit filed by the plaintiff and decreeing the counter claim made by the defendant are based upon perverse findings and misdirected against the evidence on record."

3. The suit has been laid by the plaintiff on the basis of the mortgage.

4. Briefly stated, according to the plaintiff, the defendant, for commencing and carrying on business in consumer goods, approached the plaintiff for loan and accordingly, the plaintiff advanced loan to the defendant on various dates both by way of cheque and cash and according to the plaintiff, totally, he had lent a sum of Rs.3,00,
















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