Sornam Servai (Died) vs Chandrasekaran

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 1005

N. MALA
Sornam Servai (Died) – Appellant
Versus
Chandrasekaran – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Mani
For the Respondent: M/s.A.L.Gandhimathi, Mr.R.Thamarai Selvan, Mr.S.Gopi, Mr.S.Mani Kandan

JUDGMENT :

PRAYER: Appeal Suit filed under Section 96 of Code of Civil Procedure Code, to set aside the judgment and decree dated 28.07.1993 passed in O.S.No.6 of 1992 on the file of Sub Court, Devakottai.

The unsuccessful plaintiff is the appellant in the appeal. The appeal is filed against the judgment and decree of the trial Court, dated 28.07.1993 passed in O.S.No.6 of 1992 for recovery of money on a mortgage.

2. The facts pithily stated are as follows:

The defendants 1 and 2 are brothers and the third defendant is the mother of the defendants 1 and 2. The second defendant was a minor at the relevant period. The defendants 1 and 3 approached the plaintiff for a loan of Rs.65,000/- for settling the joint family debts and for the educational expenses of the second defendant. The plaintiff advanced the loan on 13.06.1988 and on the same date, the defendants 1 and 3 executed a registered mortgage deed agreeing to repay the sum of Rs.65,000/- @ 1% interest within a period of 12 months. The defendants 1 to 3 further agreed to pay penal interest in case of failure to repay within the stipulated period. The plaintiff in the plaint stated that he was waiving penal interest. As the defendant