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2019 Supreme(Mad) 3293

N.SATHISH KUMAR
Ananthakrishnan – Appellant
Versus
K. G. Rangasamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.K. Vijayaragavan.
For the Respondent: M.V. Santharaman.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves a dispute over the creation and validity of an equitable mortgage, with specific focus on whether the documents relied upon are legally admissible and authentic (!) (!) .

  2. The plaintiffs claim that they have created an equitable mortgage by depositing title deeds and executing affidavits, which they assert were properly executed and supported by consideration (!) (!) .

  3. The defendants challenge the validity of the mortgage, alleging that the documents were fabricated, created in collusion, or obtained fraudulently, especially emphasizing that the original title deeds were in the possession of the bank at the relevant time (!) (!) .

  4. The minors involved in the transaction (second and third defendants) were not legally capable of executing binding contracts at the relevant time, rendering any such documents void or unenforceable (!) (!) .

  5. The admissibility of xerox copies of registered documents as secondary evidence is contested, with the argument that only certified copies of the original registered documents are legally valid for establishing title or security (!) (!) (!) .

  6. The evidence regarding the age of the minors, including birth certificates and school records, confirms that they were minors at the time of execution, thus invalidating their alleged signatures and the documents purportedly signed by them (!) (!) .

  7. The conduct of the parties, including the defendants' ex-parte status and the proximity of relationships, raises suspicion of collusion, which impacts the credibility of the documents and the transactions (!) (!) .

  8. The courts below have taken differing stances: the Trial Court dismissed the suit on the grounds that xerox copies are inadmissible and the mortgage was not valid; the first appellate court, however, found the documents to be valid and decreed the suit, leading to the current second appeal (!) (!) .

  9. The legal and evidentiary principles indicate that when original documents are in possession of a third party (such as a bank), xerox copies cannot be considered sufficient proof of title or security unless supported by certified copies, which were not produced in this case (!) (!) (!) .

  10. The overall assessment suggests that the alleged equitable mortgage was created with fabricated or collusively obtained documents, rendering it invalid and unenforceable, especially given the minors' incapacity and the inadmissibility of the xerox copies used as evidence (!) (!) .

  11. The court emphasizes the importance of proper appreciation of evidence, including the necessity of examining the authenticity of documents and the capacity of parties at the time of execution, to determine the validity of the mortgage (!) (!) .

  12. The final decision is to set aside the decree of the first appellate court and to pass a personal decree only against the first defendant, as the other defendants were minors and their contracts are void, with the overall conclusion that the equitable mortgage was fabricated and unenforceable (!) (!) .

Please let me know if you need further analysis or specific legal advice based on these key points.


JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the finding of the first Appellate Court allowing the appeal and decreeing the suit on the basis of the equitable mortgage said to have been created by the defendants 1 to 3, the present Second Appeal came to be filed by the fourth defendant in O.S. No. 60 of 2000.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts leading to the filing of the suit are as follows:

    The plaintiffs are sister concern. The first plaintiff is the main firm. The plaintiffs 2 and 3 are sister concern. The defendants 1 to 3, for their family business and for welfare of the minor, borrowed a sum of Rs. 2,00,000/- on 27.10.1997 and executed a cheque and also demand pronote. On behalf of the minor/third defendant, pronote was signed by his mother as the natural guardian. Besides, they also borrowed the amount on 09.07.1997, 09.10.1997 and 31.10.1997 and executed pronotes towards the security of the above amount. They also deposited the title deeds in favour of the plaintiffs on 30.10.1997 and created equitable mortgage in respect of Door No. 82. They have also executed separate affidavits

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