ANGAMUTHULINGAMMAL Vs. MOHANKUMAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the Order dated 5.3.2014 passed in I.A. No.1102 of 2013 in O.S. No.656 of 2010 by the learned II Additional District and Sessions Judge, Tirupur.

(2.) THE Petitioner is the Second Defendant in O.S. No.656 of 2010. The Respondent herein had instituted the Suit against the Petitioner and two others for recovery of a sum of Rs. 18,00,000/ -, with interest at the rate of 12% per annum, from the date of Suit till the date of realisation; for declaration to declare that the Settlement Deed dated 23.8.2007 executed by the First Defendant in favour of the Second Defendant as null and void and for other relief.

(3.) THE case of the Plaintiff is that the First Defendant is the friend of the Plaintiff and the Second Defendant is the mother of the First Defendant, who is carrying on business in the name and style of Kavin Garments from the year 1990. The First Defendant availed loan of Rs. 3,00,000/ - from Indian Bank, Tiruppur and in order to repay the said loan, the First Defendant had deposited his Title Deed, namely Partition Deed dated 10.3.1997, thereby creating mortgage for the loan. It is further averred that the First Defendant could not repay the said loan amount and sought for another loan to the tune of Rs. 5,00,000/ - from the same Bank. While seeking fresh loan for the business carried on by him under the name and style of Mouriya Fashions, the First Defendant promised and agreed to close the earlier loan due from the said Kavin Garments from and out of the new loan amount. While so, the Bank Authorities demanded the First Defendant to furnish security for repayment of the said loan.