Appellants liable to pay contractual rate of interest at 24% p.a., from the date of mortgage till the date of filing of the suit

Citation 

2022-1-L.W. 837

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date of Reserving Judgment 25.01.2022

Date of Pronouncing Judgment 04.02.2022 S.A.No.46 of 2021 and C.M.P.Nos.7480 &

1157 of 2021

G.Chandrasekharan, J. M. Shanthi & others . Appellants

.Vs.

M. Poornima & others Respondents

PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 09.09.2020 on the file of II Additional District Judge, Vellore at Ranipet in A.S.No.46 of 2017 (A.S.No.187 of 2017 on the file of the Principal District Court, Vellore) reversing the judgment and decree dated 18.04.2017 passed by the Subordinate Judge, Arakkonam in O.S.No.73 of 2015.

C.P.C., Order 34 rule 11

Succession act, Section 214 Loan transaction have no connection with the suit mortgage loan para 17(i)

It is not necessary to obtain succession certificate for enforcing mortgage right - suit filed by the respondents without succession certificate is a maintainable

para 18

Appellants liable to pay contractual rate of interest at 24% p.a., from the date of mortgage till the date of filing of the suit

para 21

When respondents 1 to 3 made over the suit mortgage debt to respondent No.4 after receiving consideration, the suit should have been decreed only in favour of the 4th respondent