Usufructory mortgagee cannot deny title of his mortgagor - There is no necessity to examine attesting witness when execution has not been specifically denied by the purported executant - Oral evidence is admissible to prove that mortgagee is sham and nominal though execution may be admitted.

Citation 

2000 (1) CTC 359 : 2000 (1) SCC 434: AIR 2000 SC 426 : 2000 (1) Cal H.N. 1 (SC) : 2000 (1) LW 425. 

Supreme Court 

(M. Jagannadha Rao, J.) 

 Ishwar Dass Jain (Dead) through LRs. v. Sohan Lai (Dead) through LRs., 

Section 58 Mortgage - Proof of Nature of proof Mortgage can be proved by mortgagor by production of certified copy of deed of mortgage - There is no necessity to examine attesting witness when execution has not been specifically denied by the purported executant - Oral evidence is admissible to prove that mortgagee is sham and nominal though execution may be admitted.   Usufructory   mortgagee cannot deny title of his mortgagor  Nor can be setup adverse possession unless he actually leaves property and re-enters under a different status.