SORNAM SERVAI Vs. CHANDRASEKARAN

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant in the appeal. The appeal is filed against the judgment and decree of the trial Court, dtd. 28/7/1993 passed in O.S.No.6 of 1992 for recovery of money on a mortgage.

(2.) The facts pithily stated are as follows:

(3.) The first defendant remained exparte and the defendants 2 and 3 filed separate written statements denying the suit transaction. The second defendant apart from denying the borrowal of Rs.65,000.00 stated that the third defendant could not act as his guardian as the father as natural guardian was alive. The second defendant further submitted that there was no necessity for the loan and the recital in the mortgage deed as if the money was borrowed for his educational expenses was untrue as he was granted scholarship for his education. The second defendant further contended that the mortgage was not binding on him either personally or in respect of his share in the property.