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5. Trial Court by its Judgment dated 1.11.2012 held that there cannot be undue influence and coercion in obtaining of the Letter dated 24.3.2004/Ex.DW1/2 because all the plaintiffs are commerce graduates. Trial court also held that equitable mortgage which continued in terms of the Letter dated 24.3.2004 was for 1400 sq. yards of the property as is found in this Letter dated 24.3.2004/Ex.DW1/2. Trial court also relied upon a letter dated 1.4.2004/Ex.DW1/3 which is written by one Sh. Vipen Parwanda, Director of M/s ABI Overseas Limited stating that the mortgaged property is 1400 sq. yards.

(iii) The letter Ex.DW1/3 written by Sh. Vipen Parwanda cannot be used against the respondents/plaintiffs because the letter Ex.DW1/3 can only bind Sh. Vipen Parbanda or at best M/s ABI Overseas Limited but not the respondents/plaintiffs who are the owners of the property and only who could have created or extended the mortgage.

7. The following substantial question of law was framed by this Court on 12.7.2013.

"Whether the finding returned by the first appellate court setting aside the finding of the trial court and directing the return of the title deed to the respondent is perverse or not?"