1. The suit which gave rise to this appeal is for recovery of Rs. 3500/- that the 1st defendant owes to the plaintiff, with interest and costs, charged on plaint items Nos. 2 to 5. On March 25,1952 the 1st defendant offered to secure his debt on landed property, and on April 5,1952 he brought and delivered to plaintiff Ext. P-2, a deed of Otti, dated March 26, 1952 & registered on April 4, 1952, possessorily mortgaging plaint item No.1 for the amount with a conditional security on plaint items Nos. 2 to 5 in case of loss of the mortgaged property on account of any prior encumbrance thereon. The appellant was impleaded as the 2nd defendant stated to be a subsequent mortgagee of plaint items 2 to 5. He contended that Ext. P-2 was executed only after execution of Ext. D2 mortgage in favour of his father on March 31, 1952, and was antedated March 26, 1952, and that he was entitled to priority over the plaintiff.

The court below found priority for the plaintiff, and in this appeal the appellant challenges the same.

2. The case in the plaint, inter alia, is that Ext. P-2 which had been delivered to the plaintiff by the 1st defendant on April 5,1952 was from beginning to end fra