Mortgage by deposit of title deeds - On construction document was held not to require registration and as such admissible in evidence

Citation

AIR 1970 SUPREME COURT 659

SUPREME COURT

(From: Calcutta)

S. M. SIKRI , J. and G. K. MITTER , J. and P. JAGANMOHAN REDDY , J.

Civil Appeal No. 1355 of 1966, D/- 6 - 11 - 1969

Deb Dutt Seal Appellant v. Raman Lal Phumra and others Respondents.

Registration Act (16 of 1908), S.17, S.49 - Equitable mortgage - Document evidencing mortgage

by deposit of title deeds - Registration when essential - Principles - indicated - On construction

document was held not to require registration and as such admissible in evidence at it did not

create a mortgage or any interest in property but merely recorded a past transaction.

(1873) 11 Beng LR (OC) 405, Not approved.

Per Sikri and Jaganmohan Reddy, JJ. Mitter J., Dissenting.

Transfer of Property Act (4 of 1882), S.58(f), S.59 -

The plaintiff brought a mortgage suit on the basis of a letter dated 17-12-1951 w