LAWS(MAD)-2015-1-64

N. RAMANUJAM Vs. S. THILLAI

Decided On January 13, 2015
N. Ramanujam Appellant
V/S
S. Thillai Respondents

JUDGEMENT

(1.) The plaintiff in the original suit O.S.No.5482 of 2001 decided by the VIII Assistant Judge, City Civil Court, Chennai is the appellant in the present second appeal. The appellant herein filed the above said suit against the respondents herein for permanent injunction restraining the respondents from in any way bringing the plaint schedule property for sale by private auction.

(2.) The said prayer was made based on the plant averments, which are in brief, as follows:

(3.) Regarding the execution of the mortgage deeds, copies of which have been marked as Exs.B1 and B2, the appellant/plaintiff had taken a plea that those documents were created with the help of the signatures obtained by the first respondent on dotted lines in some papers at her residence and also the signatures obtained in several other papers in the office of the Sub Registrar, Kodambakkam, Chennai and that the signatures were obtained in the pretext of getting some documents to satisfy the second respondent, the son of the first respondent and with an assurance not to use the same as mortgage.