VIRDHACHALAM Vs. CHALDEAN SYRIAN BANK LTD

JUDGEMENT

(1.) Defendants 2 and 3 in O.S. No. 29 of 1950 of the Court of the Subordinate Judge of South Malabar at Palghat are the appellants before us. The second defendant is the son and the third defendant is the wife of the first defendant. The first and the fourth defendants are the sons of two brothers, Virdhachalam and Chockalingam respectively.

(2.) The suit was by the first respondent - The Chaldean Syrian Bank Limited - for the recovery of a sum of Rs. 1,00,000/-, with future interest and costs, on the basis of a mortgage created by a deposit of title-deeds on 30-9-1946.

(3.) The genesis of the transaction as detailed in the plaint reads as follows: