NARAYANASWAMI AIYAR Vs. VENKATARAMA AIYAR

JUDGEMENT

(1.) This is an appeal from an order of remand. Plaintiff is the appellant. He is the assignee of a mortgage from the 8 defendant. The 1 defendant's deceased husband mortgaged the suit properties to the 8 defendant for a sum of Rs. 550 under Ex. A dated the 23 of July, 1909. Later on, the 1 defendant who had become entitled to the properties sold them to the 4 defendant under Ex. D subject to the payment of the suit mortgage, the consideration for which was mentioned as Rs. 550. This appeal arises out of the suit instituted by the plaintiff, the assignee, for the enforcement of the mortgage by sale of the mortgaged properties.

(2.) The 4 defendant contended that the mortgage was not supported by consideration. The District Munsif held that he was estopped from questioning the consideration for Ex. A,

(3.) The learned Subordinate Judge on appeal held that there was no estoppel and remanded the suit for trying the question of consideration.