Defendants 1 and 2 in C. S. No. 551 of 1983 on the file of this Court are the appellants herein.

2. The suit filed by respondents was one for recovery of money by sale of mortgage properties.

3. It is the case of plaintiffs that as per Exs. P3 to P15 Promissory notes, defendants borrowed a sum of Rs. 2,55,000/- agreeing to pay the same with 21% interest. As collateral security, properties belonging to first defendant was also mortgaged by deposit of title deeds. It is their further case that even though defendants agreed to discharge the entire debt within a period of 180 days, they could not settle the transaction. A reply was sent as per Ex. P2 wherein they disputed the allegation that there is deposit of title deeds with an intention to create mortgage and it is also contended that P. W. 1 Shantilal Bhayani obtained signatures only in blank papers, blank stamp papers etc. and it is further contended that with the plaintiffs they have no money transaction.

4. The suit was therefore allowed for realisation of Rs. 8,97,160/- with future interest and costs by sale of mortgaged properties and in case the proceeds are insufficient to satisfy the claim, a personal decree again