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2021 Supreme(Mad) 3428

V.BHAVANI SUBBAROYAN
Manimuthu Samuel – Appellant
Versus
Maria Anthony – Respondent


Advocates:
Advocate Appeared:
For Appellants : Mr.P.Santhosh Kumar

JUDGMENT :

This second appeal has been directed against the Judgment and decree, dated 06.02.2018 passed in A.S.No.20 of 2017, by the I Additional District Court, Tirunelveli, the judgment and decree, dated 16.11.2015 passed in O.S.No.189 of 2012 by the Subordinate Court, Valliyoor, are modified.

2. The respondent herein as plaintiff has instituted a suit in O.S.No.189 of 2012 on the file of the trial Court for recovery of money, wherein the appellants have been shown as defendants.

3. In the plaint it is averred that the plaint schedule property belonged to the defendants. The defendants 2 to 4 are the sons of the first defendant. The first defendant is a retired Teacher. The defendants borrowed a sum of Rs.3,00,000/- from the plaintiff on 27.05.2008 to meet out their family expenditure and other expenditures and executed a registered mortgage deed in respect of the plaint schedule property on the same day and agreed to pay interest at the rate of 12% per annum ie., a sum of Rs.3,000/- per month. Therefore, as on 27.10.2012, the defendants are liable to pay a sum of Rs.4,59,000/- inclusive of principal and interest. Though the plaintiff is entitled for interest at the rate of 18% in

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