K VELMURUGAN Vs. R KANNAN DIED

JUDGEMENT

(1.) Defendants 2 and 3 are in appeal before us. They have filed the appeal challenging the judgment and decree in O.S.No.197 of 1985 dated 13.9.1988 by the learned Subordinate Judge, Poonamallee in a suit for recovery of money due on a mortgage. The plaintiffs are the legal representatives of one Murugaiya Thevar, the mortgagee of the suit property.

(2.) According to the plaintiffs, the first defendant, R.Kannan had borrowed a sum of Rs.43,000/- from Murugaiya Thevar and executed a registered second mortgage deed dated 20.7.1978 in his favour agreeing to repay both principal and interest at the rate of 18% per annum on demand. The first defendant agreed to repay the amount with interest on or before 10th of every month and the default clause is also provided in the mortgage deed. In the deed it is provided that the mortgagee was empowered to recover the amount due under the mortgage after the loan under the first mortgage dated 23.1.1973 was discharged and a reconveyance deed was obtained thereof. The original mortgagee Murugaiya Thevar died on 14.5.1981 leaving behind the plaintiffs as his legal representatives.

(3.) According to the plaintiffs, the first defendant/ mortgagor has not paid to the original mortgagee either principal or interest during his lifetime, nor has he paid any amount after the demise of Murugaiya Thevar. According to the plaintiffs, on the date of institution of the suit, the first defendant was liable to pay a sum of Rs.43,000/- towards principal and a sum of Rs.54,180/- towards interest totalling a sum of Rs.97,180/-. According to the plaintiffs, they are entitled to recover the money from the first defendant personally as well as by enforcing the suit mortgage.