JUDGMENT :

(C. Kumarappan, J.)

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 28.01.2016, made in A.S.No.40 of 2015, on the file of the VI Additional District Court, Madurai, reversing the judgment and decree, dated 01.10.2013, made in O.S.No.253 of 2010, on the file of the II Additional Sub Court, Madurai.)

The appellant herein is the respondent/defendant and the respondent herein is the appellant/ plaintiff before the Court below.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The brief averments of the plaint is as follows:

The plaintiff submits that the defendant borrowed a sum of Rs.2,00,000/- by executing a pro-note, dated 05.11.2008. As per the pro-note, the defendant agreed to return the borrowed amount with interest at the rate of 12% per annum. In pursuance there of, the defendant has also executed a memorandum of deposit of title deed with xerox copy of the partition deed, which stands in the name of the defendant. It is the submission of the plaintiff that, while executing a memorandum of deposit of title deed, on 06.11.2008, the defendant