MANISANA, J. :- This is an appeal from the preliminary decree dated 27-5-86 passed by the Assistant District Judge, Jorhat in Title Suit No. 31 of 1981. The plaintiff Bank instituted the suit for recovery of Rupees 86,996.83 by sale of mortgaged properties. The facts of the case, in brief, are thus. The defendant Mayeeduz -aman Ahmed took a loan of Rs. 31,000/- from the plaintiff-Bank. The payment of the loan was secured by a demand promissory note and a mortgage by deposit of title-deeds. The defendant failed to pay the amount due and, therefore, the plaintiff-Bank ascertained a sum of Rupees 59,669.61 as on 28-3-78 and initiated a proceeding for recovery of the same before the Bakijai Officer against the defendant under the Assam Loan Recovery Act, 1976. The Bakijai Officer returned the certificate on the ground that the Bakijai Officer had no jurisdiction to entertain the claim. Thereafter, the plaintiff-Bank instituted the suit claiming Rs. 86,996.83 which includes interest on Rs. 56,669.61. The trial Court partly decreed the suit declaring an amount of Rs. 59,669,61 to be paid by the said defendant to the plaintiff-Bank. The decree also orders the defendant to pay t