TKT ALAGAPPAN Vs. VIMALA BALASUBRAMANIAN

JUDGEMENT

(1.) THE defendants in O.S.No.155 of 1986 on the file of the Subordinate Judge, Pudukottai, are the appellants in this appeal. Heard Mr.V. Sundar for the appellants and Ms.Sindhuja for M/s.T.R.Rajaraman for the respondents. For convenience, the parties to this appeal will be referred as arrayed before the trial court.

(2.) THE respondent herein instituted the suit in the recovery of a sum of Rs.73,274.51, being the amount due on the mortgage dated 22.9.61 with subsequent interest, and the present suit has been instituted to enforce the suit mortgage and recover the amount due inclusive of interest.

(3.) ON the said pleadings and on a consideration of oral and documentary evidence, the trial court on the first issue held that he suit claim is not barred by limitation and on the second issue held that the plaintiff is entitled to claim compound interest. ON the third issue the trial court held that the suit mortgage is supported by consideration. ON the fourth issue the trial court held that the defendants are not entitled to the benefits of Tamil Nadu Agriculturist Debt Relief Act. ON the fifth issue, t he trial court disbelieved the defendants" plea of discharge by disbelieving the accounts produced by the defendants. The trial court rejected the plea of the defendants that they have remitted Rs. 18,350 towards the suit mortgage.