MEIYAPPAN SERVAI Vs. MEENAKSHI ACHI

JUDGEMENT

(1.) THIS petition is directed against the judgment and decree of the District Munsif, Pattukkottai in S. C. S. No. 699 of 1966.

(2.) THE respondent filed the suit in question for recovery of a sum of Rs. 400 (together with Rs. 88 interest on the said amount) advanced by him under a mortgage bond executed by the petitioner herein (defendant) in his favour on 12th June, 1962 for a sum of Rs. 750 on the allegation that subsequently the petitioner refused to have the mortgage registered. As per the mortgage deed, the balance of Rs. 350 had to be paid by the respondent before the Sub -Registrar at the time of registration. The Court had decreed the suit accepting the respondent's contention that the suit though filed on 13th, March, 1966 three years after the date of the mortgage bond, is saved from the bar of limitation, as the mortgage money of Rs. 750 is repayable in twelve months from the date of the bond.

(3.) THE mortgage bond is not registered and a personal covenant contained in the bond shows that the petitioner had undertaken to pay the sum of Rs. 750 secured by the bond together with interest at 6 per cent in 12 months from the date of the bond. The document further states, that in default of payment, the sum is payable with compound interest and can be recovered from the mortgage property.