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2021 Supreme(Mad) 856

T.RAVINDRAN
Mariapushpam – Appellant
Versus
Lingasamy – Respondent


Advocate Appeared:
For the Appellant :M. Balasubramanian, Advocate.
For the Respondent:U. Karunakaran, G. Vivekanand, B.K. Sreenivasan, Advocates.

JUDGMENT :

(Prayer: Suit filed under Order XXXVII of O.S. Rules and Order VII Rule 1 of C.P.C. read with Order XXXIV of CPC,

(a) to direct the first defendant to receive a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) from the Plaintiffs herein along the due under the Registered Simple Mortgage Deed dated 19.03.1999 (Doct.No.983/1999, District Registrar's Office, Madras South) and handover all the original documents of title in respect of the Schedule mentioned property after duly cancelling the aforesaid subsisting mortgage, within a time to be stipulated by this Hon'ble Court;

(b) declare that the purported transfers effected at the instance of the 1st defendant dated 11.08.2004 and 09.02.2007 as sham and nominal and not binding on the plaintiff's statutory redeemable right on the suit property;

(c) direct the defendants to pay the costs of the suit.)

1. The suit in question is for redemption of a Simple Mortgage Deed dated 19.03.1999 registered as Document No.983/1999, on the file of the District Registrar's Office, Madras (South) after directing the first defendant to receive a sum of Rs.35,00,000/- from the plaintiffs, being the dues under the mortgage and, handover all the

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