Chennai Court June 1988 Judgments

K.R. Seetharamiah Vs. P.N. Narasimhan and anr.

Court: Chennai

Reported in: (1989)1MLJ267

Ratnam, J.1. The plaintiff in O.S. No. 3880 of 1977, XI Assistant City Civil Court, Madras, is the appellant in this second appeal. In that suit, the appellant prayed for the relief of declaration declaring that the sale deed purporting to have been executed by him in favour of the 1st respondent herein on 3-11-1976 and registered as document No. 2400 of 1978, is invalid and not binding upon the appellant and for an injunction restraining the 3rd defendant in the suit (not a party to the second appeal) from bringing the property to sale in enforcement of a mortgage executed by the appellant in her favour. The circumstances under which the appellant was obliged to institute the suit praying for the reliefs set out earlier, are as follows:2. The suit property bearing door No. 29, Kachaleeswarar Agraharam, Street, Madras-1, belonged to the 1st respondent herein, (hereinafter referred to as the respondent). On 24-9-1970 the appellant purchased if for Rs. 25,000 on payment of a sum of Rs. 1...