1. This second appeal has been brought by the defendant being aggrieved by the impugned judgment passed by the first appellate Court decreeing the suit when the trial Court dismissed the same.

2. A suit was filed by the plaintiff / respondent herein for declaration to declare that the charge dated 01.10.1990 against the document registered as 1282/1990 in Volume 314/1990, Book 1, Sub Registrar of Assurance, Karaikal has been discharged by waiver and for a consequential injunction to direct the defendant / appellant to execute and register with the Office of Sub Registrar of Karaikal a document of such nature to evidence that the above fictitious and unreal charge is fully discharged and with further direction to the defendant / appellant herein to pay the plaintiff the costs of the suit.

3. Brief facts leading to the second appeal is as follows:

(i) The plaintiff/respondent herein has purchased the suit property from the defendant by virtue of a sale deed dated 01.10.1990. At the time of executing the sale deed, a sum of Rs.2,00,000/- was retained as a charge to enable the plaintiff to get possession of the premises occupied by M/s. A.M.S. & Brothers and as per the condi