(PRAYER : Appeal against the judgment and decree of the learned Sub Judge, Namakkal dated 3.10.1997 made in A.S. No.73 of 1989 preferred against the judgment and decree of the learned Principal District Munsif, Namakkal dated 31.3.1989 made in O.S. No.520 of 1981.)

Prabha Sridevan, J.

The mortgagees/defendants have filed this appeal against the order of remand.

2. The plaint case is hereunder :

The grandmother of the first plaintiff one Kulsam Bi created an usufructuary mortgage in favour of her daughter Kathun Bi in the year 1941. As per the terms of the deed, the mortgagee would be in possession of the properties and enjoy the usufructs in lieu of interest; the period stipulated for repayment of the debt was four years from 10.8.1941; it was open to the mortgagor to repay the amount earlier; upon such repayment, the mortgagee was bound to give back possession of the property; and if after the period of four years, the mortgagee demanded the amount, the mortgagor was bound to pay the principal and get back the properties. The mortgagor died and some of her legal heirs filed the suit for a declaration that plaintiffs 2 to 13 and defendants 3 to 6 are the owners of the suit