The plaintiff whose suit on a mortgage dated 17th February, 1935, has been dismissed by the Courts below is the appellant in this second appeal. The defence of the defendant (here respondent) was that the mortgage was a nominal transaction and that in any case there was a want or failure of consideration for the mortgage.

The facts are these: One Rangappa Chetty who died in 1915 was the owner of a house in Trichinopoly and an extent of I acre 80 cents of cultivable land. Ha died leaving him surviving a widow Seshammal, his grand-daughter (daughter’s daughter) Gajarajammal who is the defendant and Govindaswami, a grandson of his paternal uncle. The widow died on 21st December, 1932. By that time the Hindu Law of Inheritance (Amendment) Act (II of 1929) had come into force. In the year 1933 a Division Bench of this Court decided in Gavarammal v. Manikammal1that Act II of 1929 applied only in respect of succession to the property of Hindu males dying intestate after the Act came into force. This decision was overruled by a Full Bench in Lakshmiammal v. Anantharama Aiyangar2, where it was held that when a Hindu male died intestate before Act II of 1929 leaving a limited female h