JUDGMENT

Dunkley, J - The sole question for decision in this second appeal is whether the mortgage bond in suit had been duly executed within the provisions of Section 59, T.P. Act, namely by being signed by the mortgagors and attested by at least two witnesses. The signature by the mortgagors is admitted but the question in dispute is whether the bond had been attested by two witnesses. The original Court held that it had been so attested, but, on first appeal to the District Court, the learned District Judge has reversed this decision. A reference to the bond itself shows that, besides the cross marks of the two mortgagors, which appear at the foot of the document, there appear two signatures on the left hand side: one is that of Po Tauk and the other is that of a person named Somasundaram. Below Po Tauk's signature appears the word "writer" and above Somasundaram's signature appears the word "witness." The question for decision, therefore, is whether Po Tauk was an attesting witness, within the definition of "attested" appearing in Section 3, Transfer of Property Act.

2. Unfortunately this definition is not of much assistance in the decision of the point which is raised in this ca