The plaintiff is the appellant in this second appeal which arises out of a suit filed by him to enforce the mortgage, Exhibit A-4, executed by the first defendant in favour of the plaintiff for a sum of Rs. 700 on 5th December, 1953. The second defendant claimed rights under a sale deed, Exhibit B-4, executed by the first defendant on 28th December, 1953 for a sum of Rs. 1,000. The plaintiff’s mortgage was registered on 3rd July, 1954. The first defendant remained ex parte and the second defendant alone resisted the suit on the ground that the mortgage in favour of the plaintiff is a sham and nominal document fraudulently brought into existence ante-dating it after the sale deed, Exhibit B-4, in favour of the second defendant. He further contended that when he purchased the property from the first defendant, he purchased it in good faith for valuable consideration and without knowledge that the first defendant had already executed a mortgage deed, Exhibit A-4, which was registered on 3rd July, 1954. The trial Court dismissed the plaintiff’s suit holding that the mortgage, Exhibit A-4, in favour of the plaintiff was a sham and nominal document and that it was brought into