Ramakrishnan, J.

State Bank of Travancore, the sole plaintiff in O.S.No. 88 of 1982, Sub Court, Kottayam is the appellant in this appeal. Defendants 5 and 6 arc respondents 1 and 2 in the appeal and they alone arc contesting the appeal. Firs! defendant is the third respondent in the appeal. The other respondents arc defendants 2, 4 and the legal representatives of the third defendant who died pending appeal.

2. The main question to be considered in the appeal is whether the lirst defendant has created a valid equitable mortgage in favour of the Bank by depositing Ext. A6. duplicate of the partition-deed dated 30-10-1971 whereby she was allotted the plaint schedule 5 items of immovable properties in 'C' schedule attached to it?

3. Brief facts necessary for deciding the above question are thus: First defendant had availed a loan from the Bank in 1976. According to the plaintiff-Bank on 28 -4-1976 as a collateral security, the first defendant deposited Ext. A6 document as title deed of her properties scheduled to the plaint. She also executed Ext. A5 memorandum of deposit of title deed dated 29-4-1976. Ext. A6 is a duplicate of the partition deed entered into between the tart