PARK TOWN BENEFIT FUND Vs. M.K.KANNAN

JUDGEMENT

(1.) The 1 st defendant in O.S. No.6124 of 2001 on the file of the First Assistant City Civil Court at Chennai and the 3 rd respondent, who was subsequently impleaded in the First Appeal, are the appellants herein. Pending appeal, the 1 st respondent /plaintiff in the suit died and his legal representatives had been brought on record as further respondents.

(2.) O.S. No. 6124 of 2001 had been filed by the 1 st respondentM.K.Kannan under Sec. 60 of the Transfer of Property Act, 1889 seeking a judgment and decree directing the 1 st defendant to cancel the mortgage deeds dtd. 6/9/1996 and 2/6/1997 and consequently, to redeem the schedule mentioned properties and grant permanent injunction restraining the defendants from bringing the suit schedule property for sale by way of public auction and for costs of the suit. By judgment and decree dtd. 20/1/2007, the suit was dismissed with costs. This necessitated the plaintiff to file A.S. No. 436 of 2007. Pending the Appeal Suit, since the 1 st defendant had assigned the rights under the mortgage to a third party, the said third party was impleaded as 3 rd respondent in the Appeal Suit. The Appeal Suit came up for consideration before the IV Additional City Civil Court at Chennai and by judgment and decree dtd. 22/12/2009, the Appeal Suit was allowed with costs and the judgment and decree of the trial Court was set aside and the suit was decreed with costs.

(3.) Questioning that particular judgment, the 1 st defendant and the newly impleaded the 3 rd respondent in the First Appeal have filed the present Second Appeal. The Second Appeal had been admitted on the following substantial questions of law:-