1. The point that arises in this second appeal is: Whether the sale held by the pawnee of the jewelleries pledged is not valid? The plaintiff is the appellant herein. He filed the suit for redemption of the jewels pledged with the defendant or in the alternative for a decree against the defendant for a sum of Rs. 91,200, being the value of the jewels with interest thereon. The suit was dismissed by the trial Court (V Assistant Judge, City Civil Court, Madras) and the appeal filed by the plaintiff also was dismissed by the first appellate Court (VI Additional Judge, City Civil Court, Madras),

2. It is not in dispute that the plaintiff pledged with the defendant certain jewels. In this connection the plaintiff has pleaded certain facts regarding the actual amounts received, payments of discharge and execution of two mortgages etc., and the defendant has contended certain facts repudiating the allegations made by the plaintiff against him. We are now in this appeal not concerned with all the said facts and we are concerned only with the sale held by the defendant in which the pledged jewels were sold.

3. The jewels were sold in a sale held on 18-8-1972 for recovery of a sum