NISHA Vs. SULOCHANA

JUDGEMENT

(1.) Original Suit O.S.No.4328 of 2018 (on the file of the XVII City Civil Court, Chennai) is for recovery of money based on the mortgage deeds and promissory notes. The Trial Court partly allowed the suit vide judgement and decree dtd. 10/8/2021.

(2.) This Appeal Suit is preferred by the plaintiff as against the disallowed portion of the relief prayed.

(3.) Averments in the plaint:- The first defendant Mrs.Sulochana, on her behalf and on behalf of her minor children/the 2 nd and 3rd defendants, mortgaged the suit schedule mentioned property with the plaintiff on 17/3/2013 and borrowed Rs.2,00,000.00. She agreed to repay the same with interest at the rate of 24% p.a. The title deeds of the suit schedule property were deposited with the plaintiff as collateral security for the loan advanced. Subsequently, the defendants borrowed a further sum of Rs.2,00,000.00 from the plaintiff on 18/11/2014 and executed a simple mortgage deed in favour of the plaintiff. Both the mortgage deeds ( Ex.A-1 and Ex.A-2 ) were duly registered . Later, the first defendant borrowed Rs.2,25,000.00 on 12/8/2016 and Rs.75,000.00 on 15/9/2016. For the above said borrowings, she executed pro-notes (Exs.A3 and A4) on the respective dates for the respective amounts. Towards the mortgage amount, the defendants paid interest till December 2014 and thereafter, wilfully neglected to pay interest or to discharge the loan amount. Hence, after causing notice through an Advocate on 27/7/2018, the suit been laid for the following relief:-