V.M. VELUMANI, J.

1. The appellant is the defendant in O.S.No.2363 of 2006. The respondents filed the above suit seeking to redeem the mortgage and for a preliminary decree ordering that an account be taken of what was due to the appellant/defendant on the date of decree for principal and interest on the mortgage dated 19.11.1994; to direct the appellant to deliver all the documents in their possession relating to the mortgaged property and re-transfer the property described in the schedule to the respondents/plaintiffs; and for permanent injunction restraining the appellant from bringing the mortgaged property by public auction.

2. The case of the respondents:-

The house and premises bearing New No.21, Old No.15, Kalingaraya Mudali Street, 3rd Lane, Old Washermanpet, Chennai-21, described in the schedule to the plaint originally belonged to one Lakshmanan. After his demise, the respondents inherited the same. In order to meet the family expenses and to redeem the jewels, the respondents borrowed a sum of Rs. 3,00,000/- from the appellant and executed a Deed of Mortgage on 17.11.1994 in favour of the appellant. The appellant paid only a sum of Rs. 2,90,150/- by a cheque dated