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2023 Supreme(Mad) 2302

A. D. JAGADISH CHANDIRA
E. Jayapal – Appellant
Versus
Rajammal – Respondent


Advocates appeared:
For the Appellant:K. Kannan, Advocate. For the Respondent: No Appearance.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 31.08.2021 made in A.S.No.12 of 2020 on the file of II Additional District Judge, Vellore @ Ranipet, confirming the judgment and decree dated 31.10.2019 made in O.S.No.28 of 2018 on the file of Subordinate Judge, Arakkonam.)

1. The plaintiff has filed the present second appeal challenging the correctness of the finding given by both the Courts below in disallowing a portion of his claim.

2. For the sake of convenience, the parties are referred to as they are arrayed in the original suit.

3. The case of the plaintiff is as under:-

The first defendant is the mother of the second defendant. The defendants are the family friend of the plaintiff. On 04.5.2009 the first defendant''s husband viz., M.Gajendran had borrowed a sum of Rs.2,00,000/- from the plaintiff with interest at the rate of 24% per annum agreeing to repay the same on demand by offering his vacant land measuring 1564sq.ft., in T.S.No.477/1 under UDR Natham Survey No.541/10 in 87-Vadamabakkam Village, Vellore District, and had also executed registered equitable mortgage deed dated 04.5.2009 in Document bearing

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