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2022 Supreme(Online)(MAD) 21083

HIGH COURT OF MADRAS
Hon`ble Ms.Justice R.N.MANJULA
T.RAJESHWARI – Appellant
Versus
DHARMAR – Respondent


J U D G M E N T

This Appeal has been preferred challenging the judgment and decree of the learned Additional District Judge, Ramanathapuram, dated 14.10.2019 made in O.S. No. 51 of 2017.

2. The appellant is the defendant; the suit has been filed by the plaintiff for recovery of money for a sum of Rs.18,06,000/- (Rupees Eighteen Lakhs and Six Thousand only) along with the interest of principal sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the date of the suit till the date of the decree on the mortgage executed by the defendant; according to the case of the plaintiff, on 28.03.2014, the defendant availed a loan of Rs.10,00,000/- (Rupees Ten Lakhs only) from the plaintiff and executed the mortgage deed in favour of the plaintiff in respect of the suit property agreeing to repay the sum at the rate of Rs.2 per 100 within one year and discharge the mortgage; the said period for repayment is expired on 27.03.2015; since the defendant failed to discharge her liability and redeem the mortgage, the plaintiff has filed the suit for getting preliminary decree for recovery of money along with interest.

3. The defendant resisted the suit by stating that the defendant has repaid the loan and

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