PARK TOWN BENEFIT FUND LTD , Vs. SAROJA RAMANATHAN

JUDGEMENT

(1.) The appellant is the first defendant in the suit in C.S.No.909 of 2002 on the file of this Court. The first respondent herein is the plaintiff in the suit. She filed the suit for passing of preliminary decree for redemption of mortgage dated 14.11.1995 and to pass a final decree directing the appellant/first defendant to execute a deed of cancellation for mortgage dated 14.11.1995 and to direct the appellant/first defendant to furnish and correct accounts for the various amount paid towards the said loan transaction.

(2.) After trial, by decree and judgment dated 17.09.2012, the learned Single Judge decreed the suit in part and passed a preliminary decree for redemption of mortgage dated 14.11.1995, in respect of the suit schedule property for rendition of accounts against the appellant/first defendant and that an account be taken of what was due to the appellant/first defendant on the date of decree towards (i) principal and interest on the mortgage, (ii) the cost of the suit, (iii) other cost charges and expenses properly incurred by him upto the date of decree in respect of the mortgage security, together with the interest thereon. Further, the first respondent/plaintiff shall also be at liberty to apply for appointment of a Commissioner for ascertaining the outstanding sum towards suit mortgage, if any, within three months from the date of receipt of a copy of the said order. The learned Single Judge also further held that the unmarked letter dated 25.05.1997, written by Mr.K.S.C.Iyer, shall be kept along with Court records, and the same shall be produced during the rendition of accounts before the Commissioner to be appointed and if the first respondent/plaintiff fails to do so, the Court shall suo motu appoint a Commissioner for the aforesaid purpose and would proceed further. The costs of the suit was also awarded to the first respondent/plaintiff.

(3.) Challenging the said decree and judgment dated 17.09.2012 passed by the learned Single Judge, the appellant/first defendant has filed the present appeal before this Court.