KASHINATH BHASKAR DATAR versus BHASKAR VISHWESHWAR KARVE

KASHINATH BHASKAR DATAR versus BHASKAR VISHWESHWAR KARVE

The agreement in question was not exempt from registration because it itself limited and extinguished an interest in immoveable property within the meaning of section 17(1)(b) of the Registration Act. It could not be used under section 49 for collateral purposes as the suit was not for specific performance nor did part performance or collateral transaction arise; the document was intended to prove the very agreement it created.

Parties
Appellant: Kashinath Bhaskar Datar; Respondent: Bhaskar Vishweshwar Karve
Jurisdiction
India
Judgment Date
22 February 1952
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree Dated 22nd September, 1947
Outcome
Appeal dismissed
Legal Topics
Mortgages, Registration of Documents, Extinguishment of Interest
Property Law Mortgages Registration of Documents Extinguishment of Interest

Case Brief

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Parties

Kashinath Bhaskar Datar

Appellant

Bhaskar Vishweshwar Karve

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree Dated 22nd September, 1947

Legal Issues

  1. 1 Whether the agreement varying the terms of mortgage required registration under section 17(1)(b) of the Indian Registration Act, 1908
  2. 2 Whether an unregistered document can be used to prove payment of the mortgage amount for a collateral purpose

Ratio Decidendi

The agreement in question was not exempt from registration because it itself limited and extinguished an interest in immoveable property within the meaning of section 17(1)(b) of the Registration Act. It could not be used under section 49 for collateral purposes as the suit was not for specific performance nor did part performance or collateral transaction arise; the document was intended to prove the very agreement it created.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.