This is an appeal by the plaintiff in O.S. No. 1593 of 1955 on the file of the City Civil Court, Madras, against the decree and judgment of the learned Third Assistant Judge in so far as they are against him. The suit was for the recovery of the principal and interest due in respect of a promissory note executed by the defendants on 4th July, 1961, for a sum of Rs. 8,000. The plaintiff alleged that nothing had been paid either towards principal or interest and a total sum of Rs. 10,160 was due for principal and interest on the date of suit. The plaintiff further alleged that by way of security for the moneys so advanced the defendants deposited the title deeds of the properties mentioned in the plaint schedule with the plaintiff, authorising him to hold the said documents which had been previously given to him in pursuance of a simple mortgage for Rs. 15,000 executed by the defendants in his favour, and therefore a mortgage by deposit of title deeds was created in favour of the plaintiff. The prayer was for a mortgage decree, and in the alternative for an ordinary money decree. The defence was that the suit promissory note was not executed for any cash consideratio