NAVANEETHA KRISHNAN Vs. GURUSAMI KONAR

JUDGEMENT

(1.) THIS Second Appeal is arising out of the judgment and decree dated 24.08.1989, made in A.S.No.124 of 1987 on the file of the III Additional Subordinate Judge, Madurai, partly reversing the decree and judgment, dated 13.03.1986 in O.S.NO.8 of 1985 on the file of the District Munsif Court, Tirumangalam.

(2.) THE appellants are the legal representatives of the second defendant in the suit. THE suit was filed by the first respondent / plaintiff against the defendants 1 and 2 in the suit, seeking a decree for recovery of a sum of Rs.3,500/- with interest and costs based on a mortgage deed, dated 03.01.1968. As per the averments of the plaint, the second defendant Navaneethakrishnan and his mother Palaniammal jointly obtain Rs.3,500/- as loan on 03.01.1968 for performing the marriage of the second defendant and executed the suit mortgage deed, Ex.A.1, agreed to repay the same with 12% interest and that as per the agreement, the defendants / appellants could have redeemed the mortgage within five years from the date of mortgage, failing which the defendants had to repay the amount with interest at the rate of 15% per annum. Since the mortgage loan was not discharged, the suit was filed by the respondent / plaintiff.

(3.) THE Second Appeal has been admitted on the following substantial question of law : " Whether the Courts below are right in holding that the appellants are not entitled to the benefits of Act 13 of 1980 and Act 50 of 1982, when the evidence on record is not sufficient to prove that the value of the property held by the defendants is worth than Rs.25,000/-."