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1928 Supreme(Mad) 68

PHILLIPS
P. L. M. Palaniappa Chettiar – Appellant
Versus
S. Rajagopala Pandarathar And – Respondent


JUDGMENT

Phillips, J.

1. The plaintiff, one Palaniappa Chetti, brings this suit on a mortgage-deed, Ex. A, executed by defendant 1, the Zamindar of Gandarvakottai, on 17th June 1917, for Rs. 10,000. The District Judge has refused a mortgage-decree, but has given a personal decree against defendant 1 for Rs. 2,053-12-3 and interest. The plaintiff appeals and contends: firstly, that Ex. A is a properly executed mortgage-deed and also that the whole of the consideration passed under that document and asks for a decree as prayed for in the plaint. Defendants 3 and 4, who are the contesting respondents, are purchasers of one of the two villages mortgaged under Ex. A, and they contend that the mortgage-deed is not valid as a mortgage and that no consideration passed. So far as the Rs. 2,000 decreed is concerned, they do not contest it as it is payable only by defendant 1 and does not affect their interests.

2. The most important point for consideration is whether Ex. A is a valid mortgage. The District Judge has found on the evidence that, although it purports to be attested by three witnesses, only one of these witnesses actually witnessed the execution; whereas he also states that there i






























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