GAYA PRASAD Vs. KHUDA BAKHSH

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff whose suit for enforcement of a simple mortgage dated 12th November 1946 has been dismissed. The mortgage was for a consideration of Rs. 800 and the plaintiff prayed for a decree of Rs. 1220. The defence was that the mortgage-deed had been paid with interest by means of a receipt dated 28th Oct. 1947.

(2.) Both the courts below relying upon the said receipt have dismissed the plaintiff's suit.

(3.) Sri K.C, Saxena, learned counsel for the appellant, has contended that the courts below were wrong in accepting the defence case of payment and that the receipt dated 28th Oct. 1947, relied upon by the defendant, is inadmissible in evidence being unregistered because it purports to extinguish the mortgage. It is also his contention that no oral evidence could be given to prove such a payment. The learned counsel for the respondent has contended that the receipt was a mere receipt and did not require registration.