MANIMUTHU SAMUEL Vs. MARIA ANTHONY

JUDGEMENT

(1.) This second appeal has been directed against the Judgment and decree, dtd. 6/2/2018 passed in A.S.No.20 of 2017, by the I Additional District Court, Tirunelveli, the judgment and decree, dtd. 16/11/2015 passed in O.S.No.189 of 2012 by the Subordinate Court, Valliyoor, are modified.

(2.) The respondent herein as plaintiff has instituted a suit in O.S.No.189 of 2012 on the file of the trial Court for recovery of money, wherein the appellants have been shown as defendants.

(3.) In the plaint it is averred that the plaint schedule property belonged to the defendants. The defendants 2 to 4 are the sons of the first defendant. The first defendant is a retired Teacher. The defendants borrowed a sum of Rs.3,00,000.00 from the plaintiff on 27/5/2008 to meet out their family expenditure and other expenditures and executed a registered mortgage deed in respect of the plaint schedule property on the same day and agreed to pay interest at the rate of 12% per annum ie., a sum of Rs.3,000.00 per month. Therefore, as on 27/10/2012, the defendants are liable to pay a sum of Rs.4,59,000.00 inclusive of principal and interest. Though the plaintiff is entitled for interest at the rate of 18% in default, he has claimed interest at the rate of 12% per annum. The defendants did not pay the interest from the date of mortgage nor the principal as agreed and was evasive when the plaintiff demanded money. In the meantime, the first defendant sent a Demand Draft for a sum of Rs.3,000.00 and the plaintiff encashed the same. The interest of Rs.3,000.00 has been deducted from the abovesaid amount and the defendants are liable to pay a sum of Rs.4,56,000.00. As the defendants have not repaid the amount, the suit has been filed for the recovery of money on the mortgage.