LAWS(MAD)-2006-3-260

RAJAMANI NAINAR Vs. SUBRAMANIAM

Decided On March 15, 2006
RAJAMANI NAINAR Appellant
V/S
SUBRAMANIAM Respondents

JUDGEMENT

(1.) THE defendants are the appellants in the present second appeal.

(2.) THE plaintiff filed the suit claiming a sum of Rs.12932.50 lent by her as a mortgage debt by pledging the schedule mentioned property, with interest. According to the plaintiff the defendant obtained a sum of Rs.7,000/= on 11.1.1978 by executing a mortgage deed agreeing to repay the same with 12% by pledging the first item of suit property in S.No:341/4 along with another punja land. Since the defendant failed to repay the principal sum with interest, inspite of several requests and to the legal notice dated 5.11.1986, has sent a reply setting up false please, the suit has been filed. THE defendant is having annual income of more than Rs.10,000/= and is having property worth of RS.50,000/=, the benefits under Debt Relief Acts will not apply. THE plaintiff also restricted his interest claim at 9%.

(3.) IN spite of several opportunities, there is no representation for the respondent, though he has been represented by a Senior Counsel before S.R. Singharavelu,J., and hence the second appeal was reserved for judgment to decide the same on merits.