MRS V VENKATTAMMAL Vs. P RAMAKRISHNAN

JUDGEMENT

(1.) THIS Second Appeal has been filed by the plaintiff against the judgment and decree of the learned III Additional Subordinate Judge, Madurai, dated 29.11.2004 in A.S.No.52 of 2002 modifying the decree and judgment made in O.S.No.76 of 2000, dated 11.07.2001 on the file of the District Munsif, Madurai Taluk.

(2.) THE gist of averments in the plaint is as follows: On 15.11.1985, the defendants have bor"rowed a sum of Rs.9,000/- from the plaintiff and agreed to repay the said amount with 12% interest per annum on demand and they exe"cuted a promissory note. THE second defen"dant has deposited the title deed by way of creating equitable mortgage. In spite of sev"eral demands, the defendants failed to repay that amount. Hence, the plaintiff has come forward with the suit for recovery of amount due on a mortgage and prayed for a prelimi"nary decree of mortgage.

(3.) THE substantial questions of law arises in the Second Appeal are as follows: