convince the defendant to agree to execute a mortgage deed for a total sum, which shall include all the existing loans and dues thereon, including the sum payable to Sarada Rajesh and on such execution, the plaintiff would pay the sum of Rs.2,00,000/-. Again the plaintiff has assured to take of this loan and he promised that this loan would be repaid by the plaintiff and this amount repaid could be treated as the amount due to the plaintiff and hence, this amount was to be added with the total due amount payable to the plaintiff. Sarada Rajesh also agreed for the same. The defendant was made to execute a mortgage deed as directed by the plaintiff for a sum of Rs.7,99,500/- which included the original loan amount of Rs.1,00,000/- and the loan amount received from Sarada Rajesh is Rs.45,000/- and the rest of the amounts were expenses towards the registration of Agreement for sale as well as for the Mortgage Deed. The plaintiff did not honour his own commitments in as much as the due amount towards the loan taken from Sarada Rajesh has not been cleared by the plaintiff until now and no clearance certificate was produced. The agreement was not cancelled and the original sale deeds handed over by this defendant was not returned back to the defendant even after the execution of the mortgage deed. The plaintiff has not even returned the original documents of title in the name of Smt.Mangalam, as well as towards the loan arrangement from Sarada Rajesh. The rate of interest claimed by the plaintiff is highly exorbitant and the defendant is ready and willing to repay the principal amount with a reasonable and legally payable interest. In such circumstances, the suit is liable to be dismissed.
