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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Suresh Kumar – Appellant
Versus
Mrs.Mumtaj Bheevi (Deceased) – Respondent
| Table of Content |
|---|
| 1. details regarding submission and acknowledgment from both plaintiff and defendant. (Para 1 , 8 , 10) |
| 2. loan transaction details and defense claims regarding the borrower's acknowledgment. (Para 2 , 3) |
| 3. court's review of evidence and acceptance of plaintiff's claims. (Para 5 , 7 , 11) |
| 4. court finds valid acknowledgment ensuring compliance with limitation statutes. (Para 12 , 13) |
| 5. final ruling allowing recovery and terms for property sale if default occurs. (Para 14 , 15) |
J U D G M E N T
This instant suit has been filed for a preliminary decree for recovery of a sum of Rs.1,21,25,000/- from the defendant and, in default, for sale of the suit property mortgaged as security for the debt. The original defendant having died during the pendency of the suit, her legal heirs have been impleaded as defendants 2 to 8.
2) It is the case of the plaintiff that the defendant borrowed a sum of Rs.50,00,000/- from the plaintiff and, as security, entered into a loan agreement on 12.04.2011 and deposited the title deeds of the suit property with the plaintiff. The defendant agreed to repay the said amount with interest at 24% per annum. However, she failed to repay either the princi
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