KASTHURI AMMAL Vs. USHA D/O VINAYAGAM

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the judgment and decree in A.S.No.12 of 2003 on the file of the Principal Subordinate Judge, Tiruvannamalai in and by which the learned Judge has confirmed the judgment and decree of the learned Additional District Munsif Court No.1, Thiruvannamalai in O.S.No.786 of 1982. The 2nd defendant is the revision petitioner in the above Civil Revision Petition and she was the 2nd defendant in the suit O.S.No.786 of 1982.

(2.) The suit O.S.No.786 of 1982 was filed by Seshammal and Vinayagam. The respondents 1 to 4 herein are the wife and children of the said Vinayagam. It is the case of the said Seshammal and Vinayagam that the husband of the revision petitioner one Manivannan had borrowed a sum of Rs. 3,000/- from them and as a security had mortgaged the schedule property under registered deed dated 11.03.1970. The said Manivannan had died nine years prior to the filing of the suit and therefore the suit was filed against the legal representatives of the deceased Manivannan. The plaintiffs had also contended that a portion of the mortgaged properties was sold to one Muthulakshmi Ammal by the said Manivannan and respondents 4 to 6 herein who were defendants 3 to 5 are their legal representatives. They had contended that the consideration for the mortgage deed was a sum of Rs. 50/- to said Manivannan on the date of execution of the deed and the remaining amounts constituted the payment that were payable to various creditors of the said Manivannan since these debts were not cleared by the said Manivannan.

(3.) Since no payments were made towards the mortgage debt, the plaintiffs had come forward with the present suit. Pending the suit, the plaintiffs Seshammal and Vinayagam died and the respondents 1 to 5 herein were brought on record as their legal representatives.