The appeal has been preferred by the plaintiff in the suit. The suit has been filed in O.S.No.23 of 1990 on the file of the Sub Court, Thanjavur seeking for the relief of declaration that the sale deed executed on 07.10.1983 is void and illegal and to set aside the same with the alternative plea to direct the third defendant to re-convey the suit property on receiving the amount as mentioned in the plaint, if the Court comes to the conclusion that the sale deed dated 07.10.1983 is genuine and valid.

2. The case of the plaintiff in a nutshell is extracted hereunder:-

The suit property belongs to the plaintiff. The first defendant is the father of the defendants 2 and 3. The plaintiff has requested the first defendant for a loan. Since the defendants have insisted security for the grant of loan, the plaintiff agreed to execute a mortgage for a sum of Rs.80,000/-. Even though, the mortgage has been executed for a sum of Rs.80,000/-, a sum of Rs.65,000/- alone was paid and the remaining sum of Rs.15,000/- has not been paid. In view of the pending litigations before the High Court and other commitments, the plaintiff was made to seek additional loans from the defendants. Therea