JUDGMENT :

P.B. Balaji, J.

[PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the decree and judgment passed in A.S. No.48 of 2015 dated 17.09.2016 on the file of the XVII Additional City Civil Court, Chennai confirming and modifying the decree and judgment passed in O.S. No.2700 of 2012 dated 24.01.2014 on the file of the XV Assistant City Civil Court, Chennai.]

The unsuccessful 1st defendant in a suit for declaration and redemption of mortgage is the appellant before me.

2. For ease of reference, the parties are described as per their litigative status before the Trial Court.

3. The plaintiffs filed a suit for a relief of declaration that the sale deed dated 25.11.2002 executed by the 2nd defendant, in favour of the 1st defendant was sham and nominal, null and void and not binding on the plaintiffs and also for a preliminary decree for redemption of the mortgage, declaring Rs.5,00,000/- as amount due on mortgage and seeking further direction to enable the plaintiffs to pay the same and there upon, directing the 1st defendant to deliver vacant possession of the suit property along with all documents of title relating to the suit property.

4. The plain