Judgement

Appeal (No. 203 of 1919) from a judgment and two decrees of the Chief Court in its appellate jurisdiction (January 24, 1916) reversing a decree of Young J. (August 25, 1914).

The suit was brought in the Chief Court of Lower Burma by Mallady Sathalingum, since deceased, and represented by the appellants, his executors, against the respondents, of whom Nos. 1 to 8 had been members of two dissolved firms of Chettys, No. 9 was the receiver appointed in the dissolution proceedings, and No. 10 was one Ebrahim Seedat. The claim was to enforce a mortgage dated August 26, 1910, against the respondents; a claim upon the personal remedy was abandoned.

The facts of the case appear from the judgment of the Judicial Committee.

The trial judge (Young J.) held that the receiver had no power to create the mortgage, without the sanction of the Court, save so far as it related to properties included in a prior equitable mortgage. He made a decree accordingly.

Upon cross-appeals to the appellate jurisdiction the suit was dismissed. The learned judges held that the receiver had no power to mortgage; they therefore did not find it necessary to consider whether the prior equitable mortgage was