N. Pannerselvam vs P. Anandan - 2022 Supreme(Mad) 3670

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 3670

G. JAYACHANDRAN
N. Pannerselvam – Appellant
Versus
P. Anandan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Natesh Vasudevan.
For the Respondents: P. Anand, V. Balaji.

JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Appeal Suit has been filed under Section 96 and Order 41 Rule 1 of C.P.C. praying to set aside the decree and judgment dated 31.12.2007 passed in O.S. No. 4674 of 2005 on the file of Fast Track Court-III, Chennai and consequently, dismiss the suit as against the appellant.

1. The appeal is directed against the preliminary decree passed by the trial Court in the suit for recovery of money lend on mortgage.

2. The facts of the litigation leading to the first appeal is that, the defendants, who are husband and wife, borrowed a sum of Rs. 4,28,000/- from the plaintiff on 12.04.2001 to meet their family expenses and agreed to pay interest at the rate of 24% p.a. As security, they executed a registered mortgage deed in respect of land and building allotted to the first defendant by the Tamil Nadu Housing Board (TNHB) on payment entire costs. No due certificate issued by Housing Board was handed over to the plaintiffs. Ever since the date of mortgage, the defendants did not pay any interest or principal or part thereof. Hence, notice was issued to the defendants on 21.08.2001. After receiving the notice, the defendants met the plaintiffs personally and p

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