JUDGMENT : This second appeal is sought to be preferred against the decree and judgment of the learned District Judge of Ramanathapuram at Madurai in A. S. No. 274 of 1957, confirming the decree and judgment of the learned Subordinate Judge of Sivaganga in O. S. No. 30 of 1957.

2. The case for the plaintiff Lakshmanan Chettiar is: He is carrying on business under the name and style of Lakshmi and Co. in Madurai Town to which provisions of S. 58 (f) of the Transfer of Property Act have been extended The first defendant Kadambaiya Chettiar of Aruppukottai Town was one of his constituents. The first defendant wanted the plaintiff to supply him goods on credit. In Madurai there is a widespread practice amongst merchants to create equitable mortgages by deposit of title deeds by way of security as against the supply of goods on credit. On 7-10-1953 clothes of the value of Rs. 3000/- were purchased on credit by the first defendant from the plaintiffs shop. On 10-10-1953, according to the plaintiff, the first defendant and his wife Veerammal, the second defendant, deposited title deeds with the plaintiff with an intent to create an equitable mortgage for the value of goods supplie