K SHANMUGAM Vs. DHANALAKSHMI AMMAL

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 18/3/1994 passed in O. S. No. 193 of 1989 by the Subordinate Judge, Tiruvannamalai. For convenience sake, the parties are referred to here under as per their ligitagive status before the trial Court.

(2.) TERSELY and briefly, succinctly and precisely, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

(3.) PER contra remonstrating and refuting, challenging and contradicting the averments/allegations in the plaint, D2 filed the written statement, the gist and kernal of them would run thus:-The said Kadhirvelu Pillai did not execute any simple mortgage deed in favour of the plaintiff and he did not borrow any money much less the sum of Rs. 15,000/- from the plaintiff. There is one other litigation in O. S. No. 29 of 1990 pending on the file of the District Munsif Court, Coimbatore, between the Plaintiff and D2 herein and in that, the 'will' of the father is under dispute. Kadhirvelu Pillai had no necessity to mortgage the suit property and he had no right to execute the Will in respect of the properties belonged to the defendants' mother, and that too when she was alive and that he had also enough money to discharge the debts. Accordingly, D2 prayed for the dismissal of the suit: