JAYALAKSHMI TRADING CO Vs. KRISHNAMURTHY
LAWS(MAD)-2005-8-40
HIGH COURT OF MADRAS
Decided on August 01,2005

JAYALAKSHMI TRADING CO. Appellant
VERSUS
KRISHNAMURTHY Respondents





Cited Judgements :-

KARAN MADAAN VS. NAGESHWAR PANDEY [LAWS(DLH)-2014-3-143] [REFERRED TO]


JUDGEMENT

- (1.)THESE revisions are preferred against the order dated 19-2-2001, made in la. Nos. 16843 and 16486/2000 in O. S. No. 9054/1996 by the V Additional City Civil court, Chennai, allowing the applications filed under O. 13, Rr. 3 and 6, CPC r/w Sec. 151, CPC, deleting Ex. A.-14. Plaintiff jayalakshmi Trading Company is the revision petitioner.
(2.)C. S. No. 1040/1992 Original Side. High Court Madras Transferred to the City civil Court. Chennai and renumbered as D. S. No. 954/1996 :-
The first defendant is the absolute owner of the property bearing Door No. 4, III Street, balaji Nagar, Madras-14. The defendants 1 and 3 approached the plaintiff for financial loan for promoting multi-storeyed building in the abovesaid property. The defendants agreed to pay the interest regularly and they offered to pay the money back by constructing and selling flats to the prospective purchasers. Borrowing a sum of Rs. 5,00,000/-the defendants have executed promissory notes on various dates. In security for the loan, the defendants have also executed a memorandum of agreement on 12-2-1990 in favour of plaintiff and deposited the title deeds creating equitable mortgage over the above said property. The defendants are liable to pay Rs. 7,32,800/ -. Hence the plaintiff has filed the suit for recovery of Rs. 7,32,800/- with subsequent interest and hand over the constructed plaint schedule properties to be sold and to adjust the sale proceeds towards the amount payable.

(3.)TRIAL commenced in the suit. Exs. A-1 to A-8 were marked. Partner of the plaintiff firm was examined as P. W. 1. He was further examined on 14-9-2000 and on the subsequent dates. Exs. A-9 to A-14 were marked; Exs. A-9 to A-13 are the Documents of Title. Ex. A-14 is the Memorandum of agreement.


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