JUDGMENT :

PRAYER: Appeal Suit filed under Section 96 of C.P.C., against the Judgment and Decree dated 20.01.2005, made in O.S.No.5 of 2003 on the file of the learned Additional District Judge, Pondicherry at Karaikal. The Appeal Suit is filed as against the Judgment and Decree dated 20.01.2005, made in O.S.No.5 of 2003 by the learned Additional District Judge, Pondicherry at Karaikal, thereby dismissed the suit for recovery of mortgage amount.

2. The appellant is the plaintiff and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The plaintiff filed suit for recovery of mortgage amount against the defendants. The case of the plaintiff is that, the first defendant had borrowed loan of Rs.25,000/- and agreed to repay the said amount with interest at the rate of 24% per annum. The first defendant with an intention to create an equitable mortgage over the suit schedule properties, made deposit of title deed at the plaintiff's residence in Karaikal. The first defendant also handed over a letter of memorandum to her evidencing the deposit of title deed as security for the loan. However, the first defenda