JUDGMENT :

PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 22.12.2016 in A.S. No.12 of 2016 on the file of the I Additional District Court, Salem reversing the Judgment and Decree granted on 30.06.2015 in O.S. No.436 of 2013 on the file of the Principal Subordinate Court, Salem.

The plaintiff is on Second Appeal against the reversing finding in a suit for recovery of money.

2. The parties are described as per their litigative status before the Trial Court.

3. The plaintiff filed O.S.No.436 of 2013 for recovery of a sum of Rs.2,99,933.64 from the defendant on the strength of a mortgage by deposit of title deeds dated 28.06.2009.

4. The case of the plaintiff is that on 27.06.2009, the defendant had borrowed a sum of Rs.2,00,000/- from the plaintiff, evidenced by the execution of a promissory note on the same day, agreeing to repay the said sum of Rs.2,00,000/- together with interest at 12% per annum. On the very next day i.e., 28.06.2009, defendant deposited the original settlement deed dated 14.05.2009 along with a covering letter of even date i.e, 28.06.2009, offering the said document as a security for the repayment of