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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
N. Dhanabagyam W/o.A.Nagarajan – Appellant
Versus
J. Rajeswari W/o. Late. Jaganathan – Respondent
| Table of Content |
|---|
| 1. arguments against validity and amount of debt. (Para 4 , 5 , 6 , 8) |
| 2. court's examination of succession certificate relevance. (Para 9 , 12 , 14) |
| 3. discussion on registrability and evidence guidelines. (Para 19 , 22 , 24) |
| 4. final ruling regarding the dismissal of plaintiffs' suit. (Para 27) |
JUDGMENT :
G. JAYACHANDRAN, J.
1. The appeal by the defendant, who suffers money decree in O.S.No.458 of 2014 on the file of I Additional District Court, Coimbatore for Rs.9,47,000/- with interest at the rate of 15% p.a., from 01.05.2014 to 04.09.2014 and thereafter, interest at the rate of 12% p.a., from the date of the suit till the date of decree (20.04.2022) and 6% p.a., interest from the date of decree till the date of realisation.
2. The plaint averments:
The plaintiffs are wife and daughter of late Jaganathan. The defendant on 11.09.2013 borrowed loan of Rs.10 lakhs from Jaganathan and executed a bond captioned as mortgage deed acknowledging the receipt of Rs.10 lakhs with undertaking to repay it within 3 years with interest at the rate of 15% p.a. The title document of the property was also handed over to Jaganathan. The said Jaganathan died on 24.07.2014. Taking advantage
The lack of a succession certificate does not bar recovery suits, but unregistered documents must be scrutinized for validity.
An unregistered Mortgage Deed cannot be relied upon for recovery of money, necessitating remedies under Order 38 Rule 5 CPC instead of Order 39 Rule 1 and 2 CPC.
The main legal point established in the judgment is the admissibility of unregistered and insufficiently stamped documents for collateral purposes under Section 49 of the Registration Act, 1908, afte....
The main legal point established in the judgment is that a mortgage deed must fulfill the requisite conditions as provided in the law, and its registration is necessary for validity and admissibility....
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.
Contract clauses regarding repayment can be enforceable despite non-registration of mortgage provisions, emphasizing the severability of transactional obligations.
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.
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