J MAHALAKSHMI Vs. N NARASIMHAN

JUDGEMENT

(1.) These two appeals are at the instance of the plaintiff in O.S.Nos. 5366 and 5367 of 2001. Both the suits were filed by the plaintiff for redemption of two mortgages dated 23.09.1989 executed by the plaintiff in favour of T.K.Subramanian, first defendant in O.S.No.5366 of 2001 and the mortgage dated 01.06.1990 executed by the plaintiff in favour of the first defendant in O.S.5367 of 2001 (M.Narasimhan).

(2.) While the mortgage dated 23.09.1989 is for the sum of Rs. 50,000/-, the mortgage dated 01.06.1990 is for the sum of Rs. 75,000/-. The plaintiff while admitting the execution of the documents would contend that the documents were not supported by the consideration. According to her, she borrowed moneys from the defendants 1 to 4 in the suit and had been repaying the same in installments and when she attempted to sell the property to discharge the debt, the defendant coerced her to execute the mortgage deeds. It is also her contention that she had paid the various amounts to the credit of the mortgages which have not been properly accounted for by the mortgagees. She would also rely upon the discharge of two other mortgagees made by her in favour of the third defendant in O.S. No.5366 of 2001. According to her, all the four mortgages were discharged by the payment of Rs. 1,70,000/- but the defendants however did not issue receipts for the suit mortgages. Thus, the plaintiff sought for a decree for redemption claiming that she has discharged the entire amount due under the mortgages. She also claimed the benefits under the Dedt Relief Act 38 of 197

(3.) The suits were resisted by the defendants therein contending that the claim of the plaintiff that all the four mortgages executed by her form a part of the single transaction is false. They would also claim that no amount was paid by the plaintiff for discharging the suit mortgages. According to the defendants, the suit properties which were the subject matter of the mortgage was sold in public auction exercising the power of private sale under section 69 of the Transfer Property Act.