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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VADAMALAI
T.Rengarajan, S/o.N.Thirumalai Iyengar – Appellant
Versus
M.Venkatesan, S/o.R.Muniyandi – Respondent
JUDGMENT :
P. VADAMALAI, J.
This Appeal is directed against the judgment and decree dated 26.03.2019 passed in O.S.No.155 of 2015 on the file of the learned Fifth Additional District Judge, Madurai.
2. The appellant is the defendant in O.S.No.155 of 2015 on the file of the learned Fifth Additional District Judge, Madurai. The respondent is the plaintiff in that suit. The respondent/plaintiff filed the suit for recovery of money based on the mortgage deed against the appellant/defendant. The appellant/defendant contested the suit. The suit was decreed by the trial Court.
3. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
4. The brief facts are as below:
(a) The case of the plaintiff is that the defendant borrowed Rs.10,00,000/- (Rupees Ten lakhs only) from the plaintiff on 09.01.2013 and executed a registered mortgage deed bearing No.108/2013 in respect of the suit property in favour of the plaintiff, agreeing to repay the same with interest at 2% p.m. But the defendant has not repaid the loan amount in spite of several demands. The plaintiff issued a legal notice, dated 08.06.2015. The defendant received the notice, but he has not chosen
A mortgage deed must be proved by examining at least one attesting witness, failing which the document cannot be considered valid under the Evidence Act.
The execution of a registered mortgage deed must be proven, and past consideration is valid; failure to testify can lead to adverse inferences against the party withholding evidence.
The appellate court reaffirmed that the execution of a mortgage deed is valid with past consideration, and the burden of proof rests with the parties to provide evidence for their claims.
The proof of the document need not be the proof of its contents, and the failure to question the validity of a document in a timely manner can impact the outcome of a legal dispute.
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
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