Judgement

Appeal (No. 70 of 1930) from a decree of the Court of the Resident in Mysore, Bangalore (July 14, 1928) reversing a decree of the District Judge, Civil and Military Station, Bangalore (November 12, 1925).

The above named respondent instituted a suit in the Court of the District Judge against a defendant, who was a pro forma respondent to the present appeal, claiming a simple decree for money lent at Madras, and in default of payment the sale of properties in the Civil and Military Station, the documents of title of which he alleged had been deposited as security. The original defendant admitted the claim, but the present appellant, a creditor of his who had attached the properties, having obtained an order adding him as a defendant disputed that the deposit at Madras created a mortgage or entitled the plaintiff to a decree for sale.

The trial judge made a simple money decree, but dismissed the claim for a sale decree. An appeal to the Court of the Resident was allowed and a mortgage decree was made. The grounds of the decisions appear from the judgment of the Judicial Committee.

1931. April 30; May 1. De Gruyther K.C. and E. B. Raikes K.C. for the appellant.

Dunne K.C. an