LAWS(MAD)-2011-10-93

A M AMBROSE Vs. S JEYARAJ

Decided On October 04, 2011
A.M. AMBROSE Appellant
V/S
S. JEYARAJ Respondents

JUDGEMENT

(1.) THE Appellant/Plaintiff has filed the present Appeal before this Court as against the Judgment and Decree dated 22.09.2003 in O.S.No.3230 of 2001 passed by the Learned II Additional City Civil Court Judge, Chennai. PLAINT FACTS:

(2.) THE 2nd Respondent/2nd Defendant was the neighbour of the Appellant/Plaintiff. He introduced his brother-in-law, the 1st Respondent/1st Defendant, who was doing the Real estate business and he needed funds for his business. On several occasions, the Appellant/Plaintiff advanced a loan to the 1st Respondent/1st Defendant which was repaid by him together with interest @24% per annum. In June 1999, the 1st Respondent/1st Defendant approached the Appellant/Plaintiff and wanted a sum of Rs.6.5 lakhs for purchasing a property and promised to return the said amount, within a period of eight months, at the latest by February 2000.

(3.) FOR the due repayment of the loans, as referred to supra, the 3rd Respondent/3rd Defendant mortgaged the property on 22.06.19996 bearing Paimash No.242, S.No.64, Block No.1, T.S.No.39, consisting of a House and Ground at Puliyur Village, Kamala Nehru, as collateral security for the repayment of the loan and created a mortgage for the loans advanced and for future loans to be granted by the Appellant/Plaintiff to the Respondents/Defendants. The security was kept alive, since there was some loams or the other advanced to both the defendants with remained unpaid. Further the security was continuing as an account of the Respondents/Defendant with the Appellant/Plaintiff was a running account.