( 1 ) THIS second appeal is against the decree and judgment of the learned Subordinate Judge of Amalapuram, in A. S. No. 51 of 1955 which reversed the decree and judgement of the District Munsif, Razole, in O. S. No. 101 of 1953. ( The trial court found that the mortgage (Ex. B-1) executed by defendants 2 to 6 on 25-2 1953 in favour of the 1st defendant is a sham and collusive document brought into existence with a view to defraud the creditors and that the plaintiff is entitled to a declaration that it is null and void. On appeal, the learned Subordinate Judge was of the view that what was alleged by the plaintiff is that Ex. B-1 was untrue and a sham transaction and that therefore the suit is not maintainable under Section 53 of the Transfer of Property Act. As the lower appellate court disposed of the appeal merely on the question of law which was taken as a preliminary point, I called for a finding in regard to issue No. 1. The learned Subordinate Judge submitted his finding that the transaction was entered into fraudulently with a view to defeat and delay the creditors of defendants 2 to 6 and that on the date of Ex. B-1, there were several creditors, viz. , th