REGENT COMPUTRONICS PVT. LTD.

B. Narasimah Sastry @ B. Babu Narasimha Rao And Others Appellant

V/S

The Purasawalkam Permanent Fund Limited And Others Respondents

Referred Judgements :-

DOWNES V. GRAZEBROOK [REFERRED TO]
BROUARD V. DUMARESQUE [REFERRED TO]
DEVEY V. DURRANT [REFERRED TO]
FALKNER V. EQUITABLE REVERSIONARY SOCIETY [REFERRED TO]
JENKINS V. JONES [REFERRED TO]
NATIONAL BANK OF AUSTRALASIA V. UNITED HAND-IN-HAND AND BOND OF HOPE CO. [REFERRED TO]
CLARA MOOKERJEA ALIAS SMT. MATHURI DEVI V. SURENDRA MANILAL MEHTA [REFERRED TO]
HENDERSON V. ASTWOOD [REFERRED TO]
JARUP TEJAA AND CO. V. PEERBOY ADAMJI [REFERRED TO]
KENNEDY V. DE TRAFFORD [REFERRED TO]
MC HUGH V. UNION BANK OF CANADA [REFERRED TO]
SAKALAGUNA NAYADU V. CHINNA MUNUSWAMI NAYAKAR [REFERRED TO]
SHRI BHAGWANAAS V. K.G. PURUSHOTHAMAN [REFERRED TO]
WARNER V. JACOB [REFERRED TO]
KHARDAH COMPANY LIMITED VS. RAYMON AND CO INDIA PRIVATE LIMITED [REFERRED TO]
P L BAPUSWAMI VS. N PATTAY GOUNDER [REFERRED TO]
UMAR NOOR MOHAMMAD VS. DAYAL SARAN DARBARI [REFERRED TO]
V NARASIMHACHARIAR VS. EGMORE BENEFIT SOCIETY 3RD BRANCH LTD [REFERRED TO]
P S DURAIKANNOO VS. M SARAVANA CHETTIAR [REFERRED TO]
P.L. RANGIAH CHETTIAR VS. PARTHASARATHY IYENGAR [REFERRED TO]

JUDGEMENT

(1.) Suit for redemption, declaration that the auction held on 11.03.2002 is legally invalid and to set aside the sale deed dated 25.11.2002 executed by the 1st defendant in favour of the 3rd defendant and for permanent injunction restraining the defendants 1 to 4 from interfering with the right of the plaintiffs 2 to 5 to collect and enjoy the rental income derived from the suit property. The summary of the plaint is as follows:-

(2.) The plaintiffs 2 to 5 are the absolute owners of the property situate at Old Door No. 134, New Door no. 210 N.S.C Bose Road, Sowcarpet, Chennai-79. By virtue of a settlement deed dated 05.02.1961 executed by their grandfather B. Venkatarathinam, the 1st plaintiff claims that he is a trustee and was directed to hold the property as a trustee till such time the children born to him attain majority.

(3.) The plaintiffs 2 to 5 had borrowed monies from the 1st defendant, which is a Mutual Benefit Fund and had executed a deed of simple mortgage on 02.12.1996 registered as Doc. No. 1185 of 1996 in the Office of the Sub-Registrar, Sowcarpet. The said mortgage was executed as security for repayment of a long term special loan of Rs. 30,00,000/- together with interest at 21.6% pa. It was also agreed that the mortgage loan is to be repaid at equated monthly instalments of Rs. 66,000/- each over a period of 96 months.

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B. NARASIMAH SASTRY @ B. BABU NARASIMHA RAO AND OTHERS Vs. THE PURASAWALKAM PERMANENT FUND LIMITED AND OTHERS

Referred Judgements :-

JUDGEMENT

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