( 1 ) THIS appeal is from the decision of Mr. Justice A. N. Ray dismissing the plaintiff's suit for enforcement of a mortgage by deposit of title deeds. The case of the plaintiff appellant is that the defendant No. 1 Nabadwip Chandra Poddar was the owner of a piece of land containing an area of 3 cottahs 3 chittacks and 30 square feet being the northern portion of Plot No. 44 of C. I. T. Scheme No. 44-B formed out of the old premises No. 1, Grey Street, Calcutta. On or about the 18th November, 1949 the plaintiff lent and advanced to the defendant No. 1 solely for the purpose of the latter's business a sum of Rs. 13. 000/- repayable on demand with interest at 6 per cent per annum and as security for the said loan the defendant No. 1 deposited with the plaintiff at Calcutta the title deeds relating to the said property with intent to create security thereon. On or about the 22nd July 1951, the defendant No. 1 acknowledged in writing his liability for repayment of the said loan as also the said equitable mortgage created in favour of the plaintiff. It appears further that defendant No. 1 purported to execute a conveyance on the 17th April, 1953 in favour of the defendant No.