( 1 ) THIS appeal is at the instance of the defendant and it arises out of a suit for mortgage.

( 2 ) THE plaintiff is the Life Insurance Corporation of India and its case is that the defendant is the sole and absolute owner of the properties described in Schedules B, B (1) and B (2) of the plaint. On June 14. 1955, the defendant borrowed a sum of Rs. 65,000/- from the Rajasthan Insurance Company Limited by deposit of title deeds and, on that date, executed a promissory note for the said sum in favour of the said Insurance Company and a memorandum embodying the terms of the transaction specifically mentioning therein the deposit of title deeds and the loan of the said amount already taken by him. On December, 29, 1955, the defendant paid a sum of Rs. 975/- in part payment of the interest and since then has paid nothing in spite of repeated demands. The assets and liabilities appertaining to the controlled business of the said Insurance Company having been transferred to and vested in the plaintiff on and from September 1, 1956 under the provisions of the Life Insurance Corporation Act, 1956, the plaintiff is entitled to recover the dues from the defendant on accoun