Judgment

Dr. AR. Lakshmanan, J.—This appeal is directed against the final judgment and order dated 06.03.1998 passed by the High Court of Madras in Second Appeal No. 1966 of 1984 allowing the same and reversing the judgment and order dated 15.11.1983 passed in A.S.No. 51 and 1982 by the Additional Subordinate Judge, Dharmapuri at Krishnagiri and restoring the order and judgment dated 20.11.1981 passed by the District Munsiff, Hosur in O.S.No. 542 of 1978.

2. The short facts of the case are as follows:-

The defendant is the appellant in this civil appeal. One Munimalaiyan (plaintiff) executed a simple mortgage in favour of the appellant for a sum of Rs. 3,000/-. For securing the due repayment, 3 items of properties belonging to Munimalaiyan was given as security. Munimalaiyan was unable to discharge the simple mortgage and on the intervention of Panchayatdars, a deed was executed by Munimalaiyan in favour of the appellant herein (Chennammal). In and by the said deed, one of the properties which was given as security for the simple mortgage was sold to the appellant herein with a right reserved to the said Munimalaiyan to repurchase the same within a period of 3 years on payment of Rs.