Mishra, J.

This appeal is directed by the defendant in a suit for declaration and injunction.

2. The plaintiff/lst respondent, it is not in dispute, owned the schedule B property-house, lived in a portion of the same, while the other portion was occupied by tenants. She mortgaged the property to one Murugesa Asari, borrowing a sum of Rs.1,200 from him. In the middle of December, 1972, however, when she needed further money, the defendant/ Appellant who was a close relative volunteered to help her stating that he would advance further sum required by her. that he would discharge the subsisting mortgage and take in his name a fresh mortgage for the amount advanced by him and the amount paid for discharging the earlier mortgage. According to the plaintiff, thus representing, the defendant obtained a document from her on 1. 1973 and paid a sum of Rs.1,000. The plaintiff/1st respondent, according to her case, was all along under the impression that the document dated 1. 1973 was only a mortgage deed for a sum of Rs.2,500 consisting of Rs.1,500 to be paid in discharge of the earlier mortgage and Rs.1,000 to be paid to her in cash at the time of registration. Notwithstanding th