JUDGMENT :

G. Jayachandran, J.

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 usufructuary 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 subject matter of this appeal, the defendant Packir Mohammed filed O.S. No. 309 of 1995, on the file of District Munsif, Mayiladuthurai against Kalimoorthy and his son Ramesh, for permanent injunction on the premise that Kalimoorthy received Rs.16,000/- from Packir Mohammed on 17.05.1993 and handed over the possession of the suit property with a promise to repa