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2009 (4) TMI 896 - MADRAS HIGH COURTEquitable mortgage - whether any equitable mortgage was created by the third respondent or not? - Whether it is not necessary always that an original title deed alone should be deposited for creating an equitable mortgage? Held that:- The issue as to whether any equitable mortgage was created by the third respondent or not is a question of fact to be pleaded in a suit and decided on the basis of the evidence to be adduced in the suit. Such disputed questions of fact cannot be gone into in the writ petition. Hence, we do not find any error or infirmity in the reasoning of the learned judge and accordingly, as stated above, the writ appeal fails and the same is dismissed.
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