RAGHUNATH & ORS. versus KEDAR NATH

RAGHUNATH & ORS. versus KEDAR NATH

Ex. 4 is a mortgage deed and not a sale deed. Ex. 26, being unregistered, is inadmissible in evidence of any transaction affecting the immoveable property due to s. 49 of the Registration Act (as amended). The High Court could not grant further relief to the plaintiff in absence of an appeal by the plaintiff against the trial court's decree.

Parties
Appellant: Raghunath & Ors.; Respondent: Kedar Naib
Jurisdiction
India
Judgment Date
03 February 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated April 27, 1964 of the Allahabad High Court in Second Appeals Nos. 4940 and 3660 of 1961
Outcome
Appeals dismissed with modification
Legal Topics
Registration of Documents, Mortgages, Sale Deed Vs. Mortgage, Remand Orders, Admissibility of Evidence
Property Law Civil Procedure Registration of Documents Mortgages Sale Deed Vs. Mortgage Remand Orders Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Raghunath & Ors.

Appellant

Kedar Naib

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated April 27, 1964 of the Allahabad High Court in Second Appeals Nos. 4940 and 3660 of 1961

Legal Issues

  1. 1 Whether Ex. 4 is a mortgage deed or a sale deed
  2. 2 Whether Ex. 26, being unregistered, is admissible in evidence to establish nature of transaction
  3. 3 Whether s. 4 of the Transfer of Property Act makes s. 49 of the Registration Act applicable to documents required to be registered under s. 54 of the Transfer of Property Act

Ratio Decidendi

Ex. 4 is a mortgage deed and not a sale deed. Ex. 26, being unregistered, is inadmissible in evidence of any transaction affecting the immoveable property due to s. 49 of the Registration Act (as amended). The High Court could not grant further relief to the plaintiff in absence of an appeal by the plaintiff against the trial court's decree.

Court Disposition

Appeals dismissed with modification

Orders

  • Set aside that portion of the High Court's decree remanding the case with a direction for the defendants to render accounts.
  • Otherwise affirmed the High Court decree restoring the trial court's judgment.