Ismail, J.- The defendant in O.S. No. 76 of 1965 on the file of the Court of the Subordinate Judge of Tuticorin are the appellants herein. The suit was instituted by the respondent for recovery of a sum of Rs. 31,861 due on a mortgage admittedly executed by the first defendant-first appellant in favour of the respondent for Rs. 12,000. The mortgage deed is dated 1st August, 1953 and the same has been marked as Exhibit A-1 in these proceedings. The consideration recited in the document consists of three items, namely, (1) a sum of Rs. 8,600 paid by the respondent for and on behalf of and at the request of the first appellant to the second appellant (second defendant) on 1st May, 1963 by cheque No. 148689 on the Canara Bank issued in favour of the second appellant in discharge of the equitable mortgage in respect of the identical property created by the first appellant in favour of the second appellant for Rs. 8,000; (2) a sum of Rs. 2,305-6-0 being the amount due to the respondent by the first appellant in respect of the monthly auction chit conducted by the respondent and settled at that figure; and (3) a sum of Rs. 1,094.-10-0 received as cash from the respondent. The rate of inte

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