S KANNAN Vs. G SARASWATHI AMMAL

JUDGEMENT

(1.) THE defendants 1 and 2 in O.S.No.98 of 1983 on the file of the Sub-Court, Madurai, who have succeeded before the trial court and lost before the first appellate court are the appellants in this second appeal. This second appeal is directed against the judgment and decree dated 30.12.1996 made in A.S.No.54 of 1986 on the file of the District Court, Madurai.

(2.) AT the time of admission the following substantial questions of law were framed by this Court:-

(3.) APPASAMY Pillai who had advanced a sum of Rs.2, 000 on 15.5.1975 instituted the suit O.S.No.40 of 1978 against the third defendant for recovery of the money due to him. Thulasiram Visalakshi, the mortgagee also instituted a suit O.S.No.222 of 1978 on the file of the Sub-Court, Madurai at or about the same time for recovery of the amount due on the equitable mortgage. The suit O.S.No.222 of 1978 has been instituted on 30th of March 1978 while the suit O.S.No.400 of 1978 on the file of the District Munsif court, Madurai by APPASAMY Pillai had been instituted on 20th March, 1978.