Madras High Court
Selvakumari vs Saraswathi on 6 September, 2021
S.A.(MD)No.976 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A(MD)No.976 of 2014
and
M.P.(MD)No.2 of 2014
1.Selvakumari
2.Mutharasan ... Appellants / Respondents / Defendants
-Vs-
1.Saraswathi
2.R.Sampath
3.R.Santhakumari
4.N.Rani
5.R.Rajendran
6.Parvathi
7.Saraswathi
8.Umaselvi
9.Lakshmipriya ... Respondent / Appellants / Plaintiffs
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree passed in A.S.No.37 of 2010 on the
file of the Appellate Tribunal / Additional Sub Court, Thanjavur, dated
30.10.2010 modifying the decree and judgment passed in O.S.No.97 of
1996 on the file of the District Munsif Court, Thanjavur, dated 10.11.2009
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S.A.(MD)No.976 of 2014
For Appellants : Mr.S.Prabhu
for M.V.K.Vijayaragavan
For Respondents : Mr.N.Suresh
JUDGMENT
The defendants in O.S.No.97 of 1996 on the file of the District
Munsif Court, Thanjavur, are the appellants in this second appeal.
2. The suit was filed for redemption of mortgage. The suit property
was mortgaged by the second plaintiff Saraswathi in favour of the deceased
defendant Pattammal in the year 1961. As per the terms of Othi,
Pattammal / mortgagee was to be in possession of the property for 27 years.
It was also agreed that if any improvement was made by the mortgagee, at
the time of redemption, the same will be paid for by the mortgagor. Though
mortgage period expired, the mortgagee did not hand over the property.
Nor the mortgagors immediately filed any suit for redemption. Such a suit
came to be filed in the year 1996. The suit was decreed. However, the
defendants filed an appeal pointing out that the value of improvements had
not been determined. Accepting the said contention, the matter was
remanded to the file of the trial Court. Post remand, the trial Court fixed
the value of improvements at Rs.4,00,000/-. Contending that the valuation
https://www.mhc.tn.gov.in/judis/
S.A.(MD)No.976 of 2014
had been made on the higher side, the plaintiffs filed A.S.No.37 of 2010
before the Additional Sub Court, Thanjavur. The first appellate court by the
impugned judgment and decree dated 30.10.2010 reduced the valuation to
Rs.2,27,478/-. Aggrieved by the same, the defendants have filed this
second appeal.
3. The learned counsel appearing for the plaintiffs / mortgagors/
respondents would submit that the amount as determined by the first
appellate court had already been deposited by them on 11.11.2011 to the
credit of the suit.
4. The question of valuation is a pure question of fact. No substantial
question of law arises for consideration. The second appeal is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
06.09.2021
Internet : Yes/No
Index : Yes/No
rmi
Note: Issue Order Copy on 08.09.2021
https://www.mhc.tn.gov.in/judis/
S.A.(MD)No.976 of 2014
G.R.SWAMINATHAN.J.,
rmi
To
1.The Appellate Tribunal / Additional Sub Court, Thanjavur.
2.The District Munsif Court, Thanjavur.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
S.A(MD)No.976 of 2014
and
M.P.(MD)No.2 of 2014
06.09.2021
https://www.mhc.tn.gov.in/judis/
