SUBRAMONIA IYER Vs. NEDUNGADI BANK LTD

JUDGEMENT

(1.) THIS is an appeal from the decision of the Subordinate judge of Alleppey in O. S. No. 210 of 1956. The plaintiff died during the pendency of the suit and his legal representative is the appellant before us.

(2.) THE suit was for the amounts due under two promissory notes executed by the first and second defendants, Exts. A and F dated the 20th September 1950. Ext. A covers a sum of Rs. 13500/ -and Ext. F. a sum of Rs. 2,900/ -.

(3.) THERE is nothing in Ext. G or in the evidence before us to indicate that the handing over of Ext. H was with, a view to make that deed a security for the amounts advanced under Exts. A and F. The only statement regarding Ext. H in Ext. G reads as follows: Ext. G also shows, quite clearly, that the promise of the first and second defendants was only to execute a mortgage in the future in case defaults occurred and they were called upon to do so: