All this took place in Calcutta.
The memorandum is in the form of a letter addressed to the respondents firm and is in the following terms We write to put on record that to secure the repayment of the money already due to you from us on account of the business transactions between yourselves and ourselves and the money that may hereafter become due on account of such transactions we have this day deposited with you the follow ing title deeds in Calcutta at your place of business at No.
LXVII of 1949 from a Judgment and Decree of the High Court of Judicature at Patna dated the 11th March, 1947, in F.A. No.
The judgment of the Court was delivered by PATANJALI SASTRI J. This appeal arises out of a suit brought by the respondents against the appellant and other members of his joint family to enforce a mortgage alleged to have been created by the appellant by deposit of title deeds on the 23rd October, 1936, at Calcutta.
K. Saran for the 1st respondent.
APPEAL Civil Appeal No.,
The appellant thereupon brought and gave certain documents, being title deeds relating to immovable properties belonging to his family, for the purpose of being held as security for the amounts then due and to become due on further dealings.
Shiva Prasad Sinha Sri Kishan, with him for the appel lant.
May 5.
A draft of the memorandum was thereafter prepared which the appellant took with him to be shown to his lawyer and he returned in the afternoon, and signed and delivered it to the respondents.
Respondents 2 to 13 did number enter appearance.
218 of 1944.
