J U D G M E N T

This Appeal Suit is filed against the judgment and decree of the trial Court in the suit filed for recovery of money towards the goods sold and delivered and secured by three simple mortgages in respect of the suit property executed by the defendants 1 to 3 on 08.06.1989, 22.03.1989, 18.07.1991 respectively.

2. The short point involved in this appeal is that the 1st respondent was distributor of Electron Brand Fluorescent tubes, Lamps and Fittings. They appointed the appellant as their retail seller of the products and supplied goods on credit. As a security for the goods sold and delivered, the appellant mortgaged the suit property initially for a sum of Rs.1,00,000/- on 18.06.1989; subsequently for a sum of Rs.50,000/- on 22.03.1989 and for a sum of Rs.1,38,000/- on 18.07.1991. As per the plaint, on the date of filing the suit, the defendants 1 to 3 paid only a sum of Rs.32,803/-. Suppressing the factum of mortgage, they sold the property to the 4th defendant. Having coming to know about that, the plaintiff has caused notice to the defendants 1 to 4 on 09.11.1992. However, the notice did not evoke any action on the defendants.

Hence, the suit was laid.

3. Earlier the