Judgement

Appeal (No. 6 of 1930) from a decree of the High Court (April 11, 1929) reversing a decree of the District Judge at Hanthawaddy (September 17, 1928).

The appeal arose in proceedings under the Provincial Insolvency Act, 1920, in the insolvencies of Maung Ba Than and Ma Ngwe Tin, his wife.

The respondents were included in the schedule of debts framed under s. 33 of the Act in respect of debts for Rs.30,000 under a mortgage deed of July 7, 1927, Rs. 10,000 under a promissory note of the same date, and a further Rs. 10,000 upon a promissory note of October 16, 1927.

The Official Receiver applied to the District Court under s. 53 of the Act to annul the mortgage, alleging that it was without genuine consideration and fraudulently created.

The petitioning creditor also applied challenging all three debts upon the same ground, but the application as to the promissory note of October 16, 1927, was not proceeded with.

The facts appearing from the evidence, and the terms of s. 53 of the Act, are stated in the judgment.

The evidence was heard in the District Court at various dates between June 16 and September 12, 1928, partly by one District Judge and partly by his successor, who d