K A NATESA CHETTIAR Vs. NUNE KRISHNIAH CHETTY

JUDGEMENT

(1.) This Letters Patent Appeal is from the judgment of our learned brother Obul Reddi J. given in Appeal No. 446 of 1961 on 1/08/1967 whereby the learned Judge allowed the appeal and dismissed the plaintiffs suits.

(2.) The material facts in order to understand the arguments raised before us may briefly be stated. The plaintiff. who is the appellant before us, instituted O.S. No. 75 of 1960 alleging inter alia that out of his own earnings he advanced various sums of money to Rajeswari Amma, the 2nd defendant. He first advanced on 30-12-1942 a sum of Rs.3,000 and the 2nd defendant executed a registered unufructuary mortage in favour of the plaintiff. Subsequently on 29-3-48 he advanced Rs.3,000.00. On 7-5-1950 he advanced Rs.2,000.00 and on 7--1951 advanced Rs.2,000/- and for all the three loans, Rajeswari Ammal, the 2nd defendant, executed three mortgage deeds separately. The mortage deeds were taken in the name of the 3rd defendant. who is the wife of the plaintiff. The plaintiff was advised that the three simple mortgage deeds should not be taken in his own name as it might involve some complications. The plaintiff therefore took all the three deeds in the name of his wife although the loans were advanced by him.

(3.) While, so trouble arose between the plaintiff and the 2nd defendant when the plaintiff demanded return of the money advanced by him. The plaintiff filed a suit on one of the mortage deeds dated 7-5-1950 executed by the 2nd defendant benami for the plaintiff. The plaintiff bore the costs of the suit.