PADAMCHAND JAIN Vs. P K SUNDARAM MUDALIAR

JUDGEMENT

(1.) The plaintiffs in O.S. No. 205 of 1995 are the appellants herein. The plaintiffs filed a suit in O.S. No. 205 of 1995 on the file of the Sub Court, Chengalpattu for recovery of money on the basis of simple mortgage and that suit was dismissed. Aggrieved by the same, the present appeal is filed.

(2.) The case of the plaintiffs as seen in the plaint is as follows:

(3.) The defendant/respondent herein filed a written statement stating that he executed a mortgage deed for Rs. 2,10,000/- in favour of the plaintiffs, besides that the defendant handed over four lorries bearing Reg. Nos. TNT-7626, TMY 7992, TCW 9500, CTW 8789 to the plaintiffs for sale and the plaintiffs/appellants also sold the said lorries. But, they did not account for the same and the plaintiffs are liable to pay the sale proceeds of the lorries to the defendant/respondent.