K NATARAJAN Vs. K MUTHUSAMI

JUDGEMENT

(1.) THE only question that arises in this appeal is, whether a case of mortgage by deposit of title deeds can be accepted without pleadings or satisfactory proof regarding the place at which the deposit was so made"

(2.) THE defendants 2 and 3 are the appellants. THE plaintiff/first respondent's case is that on 6.6.1984 he lent a sum of Rs.1,15,000 to the first defendant/second respondent. Ex.A-1 promissory note was executed as evidence of the transaction. P.Ws.1 and 2 are shown as witnesses in this document.

(3.) SEC.58 (f) of the Transfer of Property Act reads as follows: