M. SHANTHI Vs. M. POORNIMA

JUDGEMENT

(1.) This second appeal is filed challenging the judgment of II Additional District Judge, Vellore at Ranipet in A.S.No.46/2017 reversing the judgment of the trial Court in O.S.No.73/2015 on the file of Subordinate Judge, Arakkonam.

(2.) The respondents filed the suit claiming a sum of Rs.6,08,133.00 with future interest on Rs.2.00 lakhs at the rate of 24% per annum from the date of suit till the date of preliminary decree and thereafter, at the rate of 6% per annum till the date of realisation on the basis of a mortgage, and on default to make payment, the sale of mortgaged property with liberty to proceed against the defendants under Order 34 Rule 6 for the deficiency, if any, and for costs.

(3.) The case of the respondents is that the first respondent is the wife and respondents 2 and 3 are the daughters of one R.Venkatesh Rao. The first appellant is the wife of late G.Mohan and other appellants are his children. For a full and valid consideration received from Venkatesh Rao, Mohan and first appellant jointly executed a registered mortgage deed on 23/11/2005 for Rs.2.00 lakhs. They promised to pay interest at 24% per annum. Mohan paid interest up to December' 2006. Thereafter, Mohan and the 1st appellant did not pay any amount towards the mortgage debt. Venkatesh Rao issued a notice on 27/12/2008 to Mohan and first appellant. They did not send any reply. Mohan died on 19/11/2010 leaving the appellants as his legal representatives to succeed to the suit property. Venkatesh Rao died on 24/7/2011 leaving the respondents as his legal heirs to succeed to the suit amount due on the mortgage deed.