Pandalai, J.

1. This appeal arises from one out of five petitions filed by the respondent, the Official Receiver of South Malabar, in the Insolvency of a firm of timber merchants to set aside under Sections 4, 53 and 54, Provincial Insolvency Act, five mortgages executed by the insolvents to various creditors before the Insolvency. Two of these petitions were settled in the first Court. Of the alienees in the other three petitions only two appealed to the District Judge who dismissed the appeals. Of these the present appeal concerns only the appellants mortgage for Rs. 31,000 dated 13th March 1924, the subject matter of O.P. No. 16 of 1925. Prom Section 54 being one of those quoted in the petition and from the grounds stated and the principal prayer therein it would appear that the case against the appellant in both the lower Courts was that his mortgage is invalid as a fraudulent preference.

2. The first Court accepted this. But the learned District Judge held that the appellants mortgage, which both Courts found was executed on 13th March 1924, though the respondent contended it was antedated, cannot be attacked on the ground of fraudulent preference as it was executed more