This appeal is focussed as against the judgment and decree dated 13. 1994 passed in O.S.No.193 of 1989 by the Subordinate Judge, Tiruvannamalai. For convenience sake, the parties are referred to here under as per their ligitagive status before the trial Court.

2. Tersely and briefly, succinctly and precisely, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

(a) The property described in the schedule of the plaint and the other portions attached to it, originally belonged to the joint family comprised of deceased Kadhirvelu Pillai and his two sons, namely, D1 and D2. In the partition deed dated 30.4.1958, which emerged among them, the suit property was allotted to the share of Kadhirvelu Pillai for discharging the family debts.

(b) For the purpose of discharging the mortgage decree debt payable by Kadhirvelu Pillai in favour of his brother V.V.S. Rajamanickam Pillai and also the dues payable under a debt to Padmavathiammal, wife of Ramamurthy Chettiar and other debts, Kathirvelu Pillai borrowed a sum of Rs.15,000/-from the plaintiff on 20.12.1977 and executed a simple mortgage deed, mortgaging the property described in the schedule of