Rajamannar, J.

1. This is an appeal by the Official Receiver of South Arcot from the decree and judgment of the Subordinate Judge of Cuddalore dismissing the suit instituted by him for a declaration that the deed of mortgage executed by the insolvent one Kadiresan Chettiar in favour of defendants 5 to 8 on 29th January, 1932, in respect of properties mentioned in the plaint schedule is a sham and nominal transaction, or, in the alternative, for a declaration that the said deed of mortgage is not binding on the plaintiff or any of the creditors under Section 53 of the Transfer of Property Act. Defendants 1 to 3 are the sons of Kadiresan Chettiar who died in March, 1940, before the institution of the suit. Defendant 4 is a creditor of the insolvent who claims to have purchased the interests of the sons in item 1 of the plaint schedule. Defendant 9 is a subsequent purchaser from the fourth defendant. Defendant 10 is the Official Receiver of Pudukottah, made a party because of an insolvency petition filed against the same Kadiresan Chettiar in the Chief Court, Pudukottah. The suit has been dismissed on the preliminary point of limitation and oral and documentary evidence was con