NATARAJAN, J.:- The plaintiff in O.S. No.37 of 1971 on the file of the court of the Subordinate Judge of Devakottai is the appellant. He filed the suit in forma pauperis for recovery of moneys due under a mortgage created by deposit of title deeds by the first defendant on 9-9-1946 in favour of the plaintiff's father, one Lakshmanan Chettiar. The case of the plaintiff was to the following effect: Defendants 1, 15 and 16 are brothers and were members of a joint Hindu family. A sum of Rs. 18000 belonging to the joint family of the plaintiff and his father was deposited with the first defendant for earning interest. The deposit was made in the name of the plaintiff's mother, one Paripoorna Achi. When the plaintiff's father demanded repayment of the amount in Madras and insisted on furnishing of security in the event of non-payment, the first defendant executed a fresh deposit letter in favour of the plaintiff's father on 9-9-1946 for a sum of Rupees 20,000. The said letter was executed at Madras and on 10-9-1946 the first defendant delivered the title deeds pertaining to two items of properties, described as Items 1 and 2 in the plaint II with intent to create a security. Thu