Chennai Court May 1971 Judgments

T.A. Sankaralingam Vs. T.N. Mani and ors.

Court: Chennai

Reported in: (1971)2MLJ136

ORDERS. Ganesan, J.1. Sri T. A. Sankaralingam, the plaintiff-decree holder has preferred this appeal against the order of the learned Additional District Judge of Salem in C.M.A. No. 119 of 1967 reversing the order passed by the learned Additional District Munsif of Sankari at Salem in R.E.A. No. 1152 of 1966 in R.E.P. No. 131 of 1965 in O.S. No. 888 of 1960. 2. Sri Nallusami Poosari, Sri Arumugham, Sri Gandhi and Sri Natanasabapathy Poosari, the father of Sri T. N. Mani, the first respondent herein who were brothers executed a deed of mortgage on 1st December, 1948 in favour of the appellant herein Sri Sankaralingam comprising the property involved in execution in question. Gandhi who was then a minor was represented by Arumugham. In that document the mortgagors had recited that the properties mentioned in the mortgage schedule belonged to them ancestrally, that they had borrowed in all a sum of Rs. 3,000 under the mortgage and that they had agreed to pay interest at the rate of 12 an...