RACHPAL MAHRAJ versus BHAGW ANDAS. DARUKA AND OTHERS

RACHPAL MAHRAJ versus BHAGW ANDAS. DARUKA AND OTHERS

The memorandum in question did not create or constitute the charge but merely recorded a transaction already concluded by oral agreement and deposit of title deeds; it was merely evidential and did not require registration.

Parties
Appellant: Rachpal Mahraj; Respondents: Bhagwandas Daruka and others
Jurisdiction
India
Judgment Date
05 May 1950
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of the High Court of Judicature at Patna Dated 11th March, 1947 in F. A. No. 218 of 1944
Outcome
Appeal dismissed with costs.
Legal Topics
Registration of Documents, Equitable Mortgage, Memorandum of Deposit of Title Deeds
Property Law Registration of Documents Equitable Mortgage Memorandum of Deposit of Title Deeds

Case Brief

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Parties

Rachpal Mahraj

Appellant

Bhagwandas Daruka and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of the High Court of Judicature at Patna Dated 11th March, 1947 in F. A. No. 218 of 1944

Legal Issues

  1. 1 Whether a memorandum of deposit of title deeds is compulsorily registrable under section 17 of the Indian Registration Act, 1908 when it is alleged to evidence creation of a mortgage by deposit of title deeds.

Ratio Decidendi

The memorandum in question did not create or constitute the charge but merely recorded a transaction already concluded by oral agreement and deposit of title deeds; it was merely evidential and did not require registration.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.