UMDE BHOJRAM Vs. WADLE GANGADHAR

JUDGEMENT

(1.) This revision petition is filed by the plaintiff in O.S.No. 21 of 1999 under Sec,115 C.P.C. praying to set aside the order of the Junior Civil Judge, Bhainsa dt. 30-9-2002.

(2.) The plaintiff filed the suit for recovery of Rs. 22,500/- on the basis of an unregistered mortgage deed dated 10-10-1996 alleged to be executed by the defendant in his favour. The defendant resisted the suit by contending that he never executed the mortgage deed by receiving the said amount. He undertook woodwork of the house of the plaintiff and after completion of the work the plaintiff did not settle the accounts and pay the amount to him. During the subsistence of the contract the plaintiff obtained his signature on blank stamped paper by misrepresentation and created a false and fabricated document.

(3.) During the course of trial, the plaintiff was examined as P.W. 1. In the chief- examination the plaintiff intended to mark an unregistered mortgage deed dt. 10-10-1996 but the defendant raised objection for marking the same. The lower court therefore took up the matter for consideration whether the unregistered mortgage deed dated 10-10-1996 can be received in evidence for collateral purpose or whether it is liable to be rejected. The lower court after referring to Section 49 of the Registration Act, 1908 (for short 'the Act'), Rulings on this aspect and the contents of the document came to the conclusion that there is no personal covenant in the document to discharge the debt without reference to the mortgaged property. Accordingly, the lower court upheld the objection raised by the defendant and gave a finding that the unregistered mortgage deed dated 10-10-1996 cannot be received in evidence and marked for collateral purpose also.