King, J.

1. The subject-matter of this appeal is a mortgage-deed executed by a person who subsequently became an insolvent. The date of the mortgage is 9th December, 1927 and the mortgagor was adjudicated insolvent in October, 1930. The appellant is the mortgagee. In June, 1931, he sued on his mortgage in the Court of the Subordinate Judge of Coimbatore. In August, 1931, the Official Receiver applied in Insolvency before the same Judge under Sections 4 and 53 of the Provincial Insolvency Act to have the mortgage set aside. In October, 1934, the Subordinate Judge decreed the appellants suit and dismissed the application of the Official Receiver. Against the decree, no appeal was filed by the Official Receiver who contented himself with filing an appeal against the order of dismissal under the Provincial Insolvency Act. That appeal was heard by the learned District Judge of Coimbatore who reversed the decision of the learned Subordinate Judge and under Section 4 of the Act held that the mortgage was not good against the rights of the general body of the insolvents creditors. This is now an appeal against that order of the learned District Judge.

2. The only point upon which the