JUDGMENT

The unsuccessful plaintiff is the appellant.

The suit is for a declaration that Ext.A4 cancellation deed does not affect the title and possession of the plaintiff over the plaint schedule property and for injunction against trespass.

2. The plaint schedule property has an extent of 30 cents equivalent to 12.14 Ares. It is the eastern portion of a larger extent of 77 cents which admittedly belonged to the defendant. According to the plaintiff, when he attempted to effect mutation of the property it was understood that the defendant had executed Ext.A4 cancellation deed and it is accordingly that the suit is filed.

3. According to the defendant, the plaintiff is a money lender. He had borrowed amount from the plaintiff on various occasions totalling to `4,30,000/-. The title deed relating to the :- 2 :-

property viz. Ext.A2, along with signed cheques, signed blank papers and signed blank stamp papers were obtained by the plaintiff as security towards repayment of the debt. Though an amount of `3,70,550/- was repaid to the plaintiff, the documents were not returned by the plaintiff demanding unconscionable interest. At the instance of the plaintiff, the defendant executed a regist