S. R. K. PRASAD, J.

( 1 ) THIS appeal is directed against the judgment and decree dated 24-6-1991 passed in O. S. No. 106 of 1988 on the file of the Additional Subordinate Judge, Chittoor, dismissing the suit against defendants 2 and 3 which has been filed on the strength of an alleged mortgage of deposit of title deeds. The plaintiff is the appellant.

( 2 ) THE facts that arise for consideration can be briefly stated as follows: on 25. 8. 1985 the first defendant, who is the first respondent herein, applied for credit facility for his arrack and toddy business. Defendants 2 and 3, being respondents 2 and 3 herein, agreed to provide necessary security and offered themselves to be guarantors on behalf of the first defendant to the plaintiff for payment of the amount advanced to the first defendant and they submitted the details of assets and liabilities to the plaintiff. The first defendant executed the guarantee agreement on 30-9-1985 in favour of the plaintiff. All the defendants on 30-9-1985 executed letters of lien and set off in favour of the plaintiff. On 30-9-1985 defendants 2 and 3 executed an agreements of guatantee in favour of the plaintiff. The 2nd defendant on 1-10-1985

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