Wadsworth, J.

1. This appeal raises a question under Section 53 of the Transfer of Property Act. The appellant, who was the plaintiff in the Court below, got a small cause decree against the second defendant and in discharge of that decree he got a mortgage from the second defendant for a sum of Rs. 1,000 on 23rd March, 1934. Besides the amount of Rs. 450 which went to discharge the small cause decree, there were two other debts of the second defendant which were purported to have been discharged out of the consideration for the mortgage. These two debts have been found to be fictitious. In a suit of 1931 the first defendant had got a decree for rent against the second defendant and on 8th May, 1934, in execution of that rent decree he attached the property covered by the mortgage in favour of the appellant. Presumably this property was not the property on which the rent decreed fell due, so that there was no question of a first charge for rent. The appellant filed a claim in the execution proceedings on the strength of his mortgage. The claim petition was rejected and hence he had to file the present suit. The first Court found that the mortgage was good to the extent of Rs