LOORTHI ODAYAR Vs. GOPALASAMI IYER

JUDGEMENT

(1.) The Question to be decided in this appeal is: Is the mortgage (Ex. 1) executed by the 1st defendant in favour of the 2nd defendant liable to set aside at the instance of the plaintiff under Section 53. of the Transfer of Property Act?

(2.) [The learned Judge then discusses the evidence and comes to the conclusion that the 1st defendant executed the mortgage with the intention of defrauding the plaintiff and that the 2nd defendant was aware of that intention.]

(3.) The consideration for the mortgage deed is said to consist of (1) Rs. 7,037-12-10 which is the aggregate amount of the debts due by the 1st defendant to third parties and which the 2nd defendant claims to have discharged. [The evidence as regards this item is discussed and the conclusion reached that the consideration to this extent did really pass for the mortgage document.] (2) Rs. 1,873-8-0 said to be the amount which was due by the 1 defendant to the 2nd defendant on a promissory note of a prior date, namely, 20 May 1913.