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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN
Park Town Benefit Fund No.223, South Main Street Park Town, Chennai – Appellant
Versus
M.K.Kannan (died) – Respondent
| Table of Content |
|---|
| 1. parties involved in mortgage dispute. (Para 1 , 2) |
| 2. court's commentary on burden of proof. (Para 3 , 6 , 14) |
| 3. arguments around proof and interest calculations. (Para 4 , 5 , 10 , 22 , 24) |
| 4. discretion in interest calculation. (Para 39 , 43) |
| 5. appointment of commissioner for accounts. (Para 50 , 52 , 56) |
JUDGMENT :
C.V.KARTHIKEYAN, J.
The 1st defendant in O.S. No.6124 of 2001 on the file of the First Assistant City Civil Court at Chennai and the 3rd respondent, who was subsequently impleaded in the First Appeal, are the appellants herein. Pending appeal, the 1st respondent /plaintiff in the suit died and his legal representatives had been brought on record as further respondents.
2. O.S. No. 6124 of 2001 had been filed by the 1st respondent-M.K.Kannan under Section 60 of the Transfer of Property Act, 1889 seeking a judgment and decree directing the 1st defendant to cancel the mortgage deeds dated 06.09.1996 and 02.06.1997 and consequently, to redeem the schedule mentioned properties and grant permanent injunction restraining the defendants from bringing the suit schedule property for sale by way of public auction and for costs of the suit. By judgment and decree
In mortgage redemption suits, the burden of proof lies on the plaintiff to establish payments made, and interest is awarded based on contractual terms unless otherwise determined by the court.
In mortgage redemption suits, the borrower must prove discharge of debts and the court may exercise discretion in interest rates unless agreed otherwise.
The court emphasized that mortgage interest rates must reflect contractual agreements and market conditions, allowing for discretion in determining reasonable rates beyond the statutory limit.
The court established that mortgage interest rates must reflect contractual agreements and economic realities, allowing for discretion in determining reasonable rates based on inflation and property ....
The Court established the principle that the appellant would be entitled to interest at 15% from the date of suit till the date of realization on a sum of Rs.1,88,882/-, and the liability to pay inte....
In mortgage redemption cases, a final decree can stand even if a preliminary decree is absent, provided the substantive rights and principles of justice are satisfied without prejudice.
The Court clarified that in mortgage redemption, the obligation to deposit money begins only after a formal decree determining the amount due is made, following the correct procedural rules of Order ....
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