JUDGMENT :

The unsuccessful plaintiff is the appellant before this Court, challenging the dismissal of his suit filed for recovery of a sum of Rs. 15,20,874/- with interest at 1.70% per annum on Rs.15,00,000/- from the date of suit till the date of realization. The suit has been filed as a mortgage suit on the basis of a mortgage by deposit of title deeds. To appreciate the grievance of the plaintiff it is necessary to briefly narrate the circumstances which has culminated in the filing of the suit. The parties are referred to in the same litigative status as before the Trial Court

Plaintiff's Case:

2. The plaintiff had filed the suit originally before this Court in C.S.No.353 of 1997 and after the framing of the issues by this Court, the pecuniary jurisdiction of the City Civil Court had been enhanced and consequently the suit was transferred to the Civil City Court and renumbered as O.S.No.3553 of 2013 on the filed of the XV Additional Judge City Civil Court Chennai.

3. It is the case of the plaintiff that on 07.08.1995 the 1st defendant had borrowed a sum of Rs.10,000/- and ha