Ramaprasada Rao, J.-This appeal is directed against the judgment of the learned Subordinate Judge, Coirnbatore. The defendant is the appellant. On 10th January, 1959 one C. P. Raju Mudaliar, as a partner of a managing agency firm to the defendant incorporated company, executed a simple mortgage for Rs. 10,000 in favour of the plaintiff and mortgaged the immovable properties and all the other properties belonging to the company. The consideration as recited in the deed of mortgage Exhibit A-1, was that it was to pay for two money decrees obtained against the defendant company by the plaintiff as proprietor of a concern known as “ Standard Commercial Corporation, Coimbatore.” In order to avoid execution of the decree so obtained by the plaintiff, the managing agents executed the above mortgage and according to them, averted further proceedings in execution of the money decrees. After the said mortgage was executed no moneys were paid thereunder. The plaintiff unsuccessfully made a demand under Exhibit A-9 for the repayment of the amount and thereafter, instituted the action. The defendant company denied liability under the mortgage and put the plaintiff to strict proof of the executi

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