KASHINATH BHASKAR DATAR Vs. BHASKAR VISHWESHWAR

JUDGEMENT

(1.) This is a defendant's appeal in a suit on two mortgages. The first was executed on 7th April 1931 by the defendant and his father. The second was dated 17th December 1935 and was executed by the defendant alone. The first was for a sum of Rs. 9,500, the second for Rs. 3,500. The same property was mortgaged each time. The claim on the two deeds together was for Rs. 20,774-3-0.

(2.) These mortgages were in favour of one Narayan Gopal Sathe. On 28th March 1940, the mortgagee assigned them both to the plaintiff who now sues on them.

(3.) The defence was that both mortgages were satisfied. The main evidence on which the defendant relied to prove satisfaction was an agreement dated 17th October 1937 executed by the mortgagee Narayan Gopal Sathe in favour of the defendant. The document has been excluded from evidence by the trial Court as well as by the High Court on appeal on the ground that it required registration. If this document is excluded, then there is a concurrent finding of fact by both the Courts that the rest of the evidence is not good enough to prove satisfaction. They have disbelieved it and decreed the plaintiff's claim in full. The only questions before us are (1) whether this document required registration and (2) whether, if it did, it cannot still be used for what the defendant claims is a collateral purpose, namely proving full payment of the mortgage amount.