KUZHICHALIL PONNAMBATH SAFIYA Vs. POTHANA THOTTAPURATH SREEVALSANUNNI

JUDGEMENT

(1.) The appeal on hand was preferred by a third party as far as on the files of Subordinate Judge's Court, Kozhikode is concerned. The original suit above mentioned was filed by the respondent/plaintiff against the defendant for money by sale of mortgage property.

(2.) The facts of the case in brief are to the following effect. The defendant had borrowed Rs.1,50,000/- on 2.5.1994 from the plaintiff. A promissory note was executed by the defendant undertaking to pay the amount with interest. The defendant deposited the title deeds of the plaint schedule properties with the plaintiff and created an equitable mortgage to secure the repayment of debt on 5.5.1994.

(3.) The appellant herein had filed suit as O.S.No.430/1996 for specific performance of an agreement for sale dated 1.9.1991 against the 2nd respondent in this appeal seeking for issuance of direction to execute the deed assigning the property proposed to be sold and for a mandatory injunction directing the defendant to produce all documents including the encumbrance certificate and income tax clearance certificate before the court and to permit the appellant to deposit balance sale consideration and also for a perpetual injunction restraining the 2 nd respondent/defendant from assigning the plaint schedule property to others or demolishing the same or in the alternative to direct the defendant to pay the advance amount of Rs.4,00,000/- paid by the plaintiff to him with interest at the rate of 18% per annum and cost of the suit. O.S.No.430/1996 was decreed on 2.9.2000 and the 1 st respondent herein who was the sole defendant in the suit was directed to pay Rs.4,00,000/- with interest at 6% per annum from the date of the suit (9.6.1996) till date of realisation.