ABDUL MAJEED Vs. UMMERKUNHI

JUDGEMENT

(1.) Two separate money suits, instituted by the same person against a couple, were jointly tried and were decreed in terms of the plaint repelling the plea of discharge set up by the defendants. These appeals are in challenge of those decrees.

(2.) The first suit was on a simple mortgage (Ext. A5) executed by the appellants for a sum of Rs.48,000/-. The second suit was based on a promissory note executed by both defendants (Ext. A1) for Rs. 1,52,000/-. In the said suit plaintiff credited Rs.55,000/- which defendants paid before the suit and hence the claim was only for the balance amount with interest.

(3.) Defendants/appellants contended, inter alia, that the sum of Rs.55,000/- was paid towards Ext.A5 mortgage debt and hence the said amount should have been appropriated towards that debt. His further contention is that defendants had repaid the promissory note debt in full.