Judgment

C.K. Thakker, J.—The present appeal is directed against the judgment and decree passed by the High Court of Madras in Second Appeal No. 1939 of 1986. By the said appeal, the High Court set aside the judgment and decree passed by the Subordinate Judge, Tindivanam in Appeal No.6 of 1983 which in turn set aside the judgment and decree passed by District Munsif, Tindivanam in Original Suit No.63 of 1983.

2. The appreciate the controversy raised in the present Appeal, factual background may be stated in brief:

The appellants herein were original defendants and respondent was the original plaintiff. One Annamalai was the absolute owner of the property bearing R.S. 81 situated at village Peravur in Taluka Tindivanam, admeasuring 1 acre and 52 cents (hereinafter referred to as the ‘suit property’). Annamalai mortgaged the said property by a usufructuary mortgage to defendant No.1 Rukmani Ammal by a document Ex. B-5 dated June 27, 1962 to secure repayment of Rs.400/- on a pro-note. Defendant No.1 was put in possession of the property. Annamalai had also taken another loan from Rukmani Ammal on another pro-note executed by him. On August 13, 1964, Annamalai sold 67 cents from the suit