BAGYAMMAL DECEASED Vs. PERUMAL GOUNDER

JUDGEMENT

(1.) THE plaintiff, who lost in both the Courts below, is the appellant.

(2.) THE plaintiff filed a suit for redemption of mortgage deed, dated 28.12.1982.

(3.) BOTH the Courts below concurrently held that Ex.A4, the gift settlement deed, dated 17.01.1974 was not acted upon and the plaintiff did not get any title to the suit properties under the said settlement deed and the suit mortgage, Ex.A1, dated 28.12.1982 was not also executed by the plaintiff in favour of the defendant, having regard to the conflicting evidence of PW1 and 3 regarding the payment of consideration and the recitals in Ex.A1 and the plaintiff has not proved that the defendant was put in possession of the property in lieu of interest and as the defendant denied the execution of the mortgage deed in his favour and the plaintiff has not proved the execution of the mortgage, the plaintiff is not entitled to the relief as prayed for and dismissed the suit. Hence, this second appeal.