Judgment

RAMASWAMI, J. : In the suit which is the subject-matter of this appeal the plaintiff alleged that on August 11, 1945 the defendants created an equitable mortgage to secure advances made by the plaintiff up to the limit of one lakh of rupees as over-draft to carry on their business. It was further alleged that the mortgage was created by the deposit of two title deeds at Calcutta on August 11, 1945 with regard to two houses and there was a letter of authority dated August 9, 1945 [Ex. 7 (a)] as addressed by Defendant No. 2 Lakharam to the plaintiff authorising Defendant No. 4 - Babulal Ram to deposit the title deeds. On August 10, 1945 Sonaram Defendant No. 3, brother of Defendant No. 4 addressed a letter to the Manager of the plaintiff-bank authorising Defendant No. 4 his younger brother - to deliver the title deeds for deposit and "to negotiate further in this respect". The letter of Sonaram is Ex. 7 (b). On August 11, 1945 Babulal Ram, Defendant No. 4 wrote a letter (Ex. 12) addressed to the Manager of the plaintiff-bank containing the Schedule of documents said to have been deposited with the plaintiff-bank at Calcutta - namely the title deeds of 17th September 1927 and