G.janaki vs Rajeswari - 2025 Supreme(Mad) 3558

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3558

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.SIVAGNANAM, J.
G.janaki – Appellant
Versus
Rajeswari – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Vijendran
For the Respondent: Mr.T.Arul

JUDGMENT :

Aggrieved over the Judgment and Decree dated 31.07.2017, passed in O.S.No. 26 of 2012, by the Principal District Judge, Thiruvarur, the defendants have preferred the appeal suit.

2.For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3.The plaintiff's case is that the first defendant is the owner of the suit property. The second defendant is the husband of the first defendant. The first defendant borrowed a sum of Rs.22,00,000/- from the plaintiff's husband on 27.06.2011 and agreed to give 12 % interest for the borrowed amount. The first defendant had also executed an unregistered mortgage deed and other deeds and agreed to return the borrowed amount within one year. For security purposes, the first defendant had executed a power of attorney in favour of the plaintiff's husband. As per the terms of the mortgage deed, the first defendant has to repay the borrowed amount with interest within 26.06.2012, but she failed to do so. Thereafter, in pursuance of the power of attorney deed executed by the first defendant, the plaintiff's husband executed a sale deed in favour of the plaintiff on 06.07.2012. In pursuance of the sale deed,