JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying against the judgment and decree of Principal Sub Court, Mayiladuthurai, dated 25.04.2006 made in A.S.No.177 of 2005 confirming the Judgment and Decree of the Principal District Munsif Court, Mayiladuthrai, dated 30.09.2005 made in O.S.No.169 of 2001.)

(The case has been heard through video conference)

1. This Second Appeal is against the concurrent finding of the Courts below.

2. The appellants are the Legal representatives of the deceased first defendant Late Packir Mohammed. The suit laid by Kalimoorthy/plaintiff is for recovery of possession on the plea that he borrowed a total sum of Rs 16,000/- from Packir Mohammed/defendant on different occasions. On 17.05.1993, a document was obtained from the plaintiff by the defendant in the nature of usufructary mortgage. The possession of the suit schedule property was given to Packir Mohammed. The document executed by the plaintiff was retained by the defendant. When the plaintiff offered the money borrowed and sought back the possession of the property, the defendant refused to handover the possession.

BACKGROUND FACTS:

3. Prior to the suit which is