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Promissory note - Mortagae

(Querist) 20 August 2009 This query is : Resolved 
1. The said pronote was signed by father , who is nomore now on 04-09-1991 for the amount taken for the Business purposes.The business has partners.

2. The title deeds of the land handed over on 21-12-1991

3. Memorandum depositing title deeds signed on 25-12-1991

4. Legal notice given on 15-03-1994

5. Suit was filed on us filed on 05-9-2003

The suit was upheld by the District Court and issued a personal decree to pay the amount.We have a plan to go for High Court, hyderabad.

Could you please let us know the chances of winning the same.
Deekshitulu.V.S.R (Expert) 20 August 2009
Mr Srinivas

It is absurd to say that you have signed the memorandum of deposit of title deed on 25-12-1991since that day was a christmas, and a holiday to all Bank.

Even otherwise, since the suit was filed three years after the borrowing no personal decree can be passed. It is Ok with the Mortgage decree. Hence you can agitate on the personal decree granted by the court.
A.K.D Sayare (Expert) 28 August 2009
i agree with what Sh.Deekshitulu.V.S.R has said.

can you please tell, if the case was contested from your side.

have you taken all the objections, about the personal decree, signing of memorandum of deposit on public holiday etc ???

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