DEB DUTTA SEAL Vs. RAMANLAL PHUMRA

JUDGEMENT

(1.) THE majority Judgment of the court was delivered by

(2.) THIS appeal by certificate of fitness granted by the High courtunder Article 133 of the Constitution is directed against its judgment and decreemodifying the decree passed by the Trial court. The Trial court haddecreed the suit and granted a preliminary decree against the appellantand another and had declared that the house at No. 35, Paddapukur Road,Bhowanipore, stood charged and/or mortgaged in favour of the plaintiffs(respondents before us) for the due payment of the sum of Rs. 99,182/3/6,and future interest was allowed at the contracted rate. The High courtmodified the interest to 6 p. m. per annum till suit and the same rate till rea-lisation. As the High court had modified the decree it granted a certificateunder Article 133 of the Constitution.

(3.) BOTH the Trial court and the High court have held that this letterdid not require registration. It seems to us that on the evidence reproducedabove what happened was this. In the morning the money was advancedand the Hundis executed. In the afternoon the defendant brought the titledeeds with a view to create an equitable mortgage. He gave the title deedsto the father. The title deeds were approved and a list made by defendantNo. 1 and at that moment the creation of equitable mortgage by deposit oftitle deeds was complete. Then the letter, Ex. 2 was given. When thewitness says in cross-examination that the letters and the title deeds were<PG>824</PG>given together in the afternoon it does not mean that the title deeds had notalready been given.