P.K. Balasubramanyan, J.

The defendant is the appellant in this Second Appeal. The suit was filed by the plaintiff-respondent for a declaration that a sale deed executed by the plaintiff in favour of the defendant in respect of the plaint schedule property was only executed by the plaintiff as security for the amount borrowed and that it does not create any title in the defendant and that the property had always been in the possession of the plaintiff and the consequential relief of a perpetual injunction restraining the defendant from entering on the property on the strength of the said sale deed. He sale deed was executed by the plaintiff to the defendant on 6.1.1976. The suit for the declaration and injunction as above was filed on 28. 8.1984. The suit was decreed by the trial court and the said decree was confirmed by the lower appellate count. The defendant challenges the decrees thus passed.

2. In the Memorandum of Second Appeal the appellant sought to raise the following substantial questions of law:

"A. Was the suit maintainable?

R Has the plaintiff right to the declaration prayed for? Even if the plaintiff s contentions were true, can he sue for declaration or he