JUBAIDA UMMAL Vs. S ABDUL AZEES

JUDGEMENT

(1.) THIS appeal has been arising out of the judgment and decree in O.S.No.27 of 2006, dated 28.09.2007 on the file of the learned Additional District Judge, Puducherry at Karaikal.

(2.) THE averments made in the plaint in O.S.No.27 of 2006 are as follows:- THE defendant is the owner of the suit property. She borrowed a sum of Rs.2,00,000/- from the plaintiff and executed a simple mortgage deed on 24.07.2002, which was duly executed, attested and registered. THE defendant has undertook to repay the same with interest at the rate of 12% per annum. On 25.07.2003, the defendant made a part payment of Rs.40,000/- towards principal and interest and a receipt was also issued by the plaintiff for the same. Except this amount, the defendant has not paid any other amount. In spite of various demands, the defendant has failed to repay the balance amount and discharged the mortgage. Hence, the plaintiff issued a legal notice on 13.05.2004 calling upon the defendant to repay the balance amount. THE defendant received the said notice on 15.05.2004, but she neither sent a reply, nor repaid the balance amount. Hence, the plaintiff is constrained to file the suit for recovery of money due on mortgage deed and prayed for a decree.

(3.) AFTER Considering the arguments of the learned counsel on either side, this Court had framed the following points for consideration:-