JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

The first respondent and her husband late Sh.P. K. Thampi Raj availed a loan of Rs.15,000/-from the first appellant-Bank on 04.07.1981 by creating an equitable mortgage by deposit of title deeds in respect of 1.800 sq. links in Survey No.1073 of 2001 of Vanchiyoor village, District Thiruvananthapuram. There was a default in payment of instalments as a result of which the loan account became irregular. The Bank filed O. S. No.500 of 1983 in the Court of Subordinate Judge, Thiruvananthapuram for recovery of an amount of Rs.19,500/-together with interest at 13.5 per cent per annum. The suit was decreed on 25.08.1994. The property was put to auction in the execution petition filed by the Bank. As none came forward, the Bank bid for the property in the auction. A sale certificate was issued in favour of the Bank on 22.02.1994.

2. The Bank sold the said property in 2007 by inviting tenders for Rs.10,10,001/-. The first respondent along with her husband approached the Bank with a request to return the excess amount which the Bank secured by way of sale of the property. They also sought for payment of rent that the Bank earned by letting out the