S. Jagadeesan, J.

1. After notice of motion, the second Appeal was listed. By consent of both the counsels, the second appeal itself is taken up for final disposal.

2. The unsuccessful first defendant is the appellant. The plaintiff has filed the suit for recovery of a necklace, weighing about six sovereigns from the defendants. The plaintiffs case is that the plaintiff has entrusted the jewel to the first defendant for safe custody and when the plaintiff requested the defendant to return the same, the first defendant was evading. Subsequently the plaintiff came to know that the first defendant had pledged the jewel with the second defendant and borrowed some amount. The suit has been filed for return of the jewellery by the first defendant after discharging the loan with the second defendant or to recover the value of the jewel.

3. The first defendant denied the entrustment.

4. However, both the courts below have relied upon the oral evidence let in by the parties as well as the statement given by the first defendant before the police officials, during the enquiry, on the complaint given by the plaintiff and decreed the suit.

5. The two contentions raised before me b