( 1 ) THIS appeal is by the defendant and it arises out of a suit instituted by the plaintiff respondent against the appellant for realization of a sum of Rs. 27,133. 69p as mortgage dues. The plaintiff's case is as follows:

( 2 ) THE defendant is the owner of the properties described in schedule A to the plaint. On December 29, 1954, Rajasthan Insurance Co. Ltd. advanced a loan of Rs. 21,000/- to the defendant at her request and the defendant agreed to pay the loan with interest at the rate of 9 per cent per annum. On the same day the defendant executed a promissory note for the said sum of Rs. 21,000/- in favour of the Rajasthan Insurance Co. Ltd. Subsequently on the same day the defendant deposited her Title Deed regarding the properties described in schedule A with the Rajasthan Insurance Co. Ltd. at its office at 23/a, Netaji Subhas Road, Calcutta. On December 29, 1955 the defendant paid a sum of Rs. 1890/- to the Rajasthan Insurance Co. Ltd. towards the principal amount. Thereafter all the assets and liabilities of the Rajasthan Insurance Co. Ltd. vested in the Life Insurance Corporation of India by the Life Insurance Corporation Act, 1956 (Act