NARASAMMA T V Vs. S V M SRINIVASAN

JUDGEMENT

(1.) This Revision is filed against the order passed in O.S.No. 382/89 on the file of Principal Subordinate Judge, Vijayawada.

(2.) The suit was filed on the basis of equitable mortgage by deposit of title deeds to realise the pronote amount. The said pronote was executed on 30-5-1983, for an amount of Rs. 50,000/-; towards security the defendant deposited the original title deeds of her property and thereby created equitable mortgage in favour of the plaintiff. The defendant also executed a memorandum of title deeds on 2-6-1983. During the trial when this memorandum was sought to be marked, objection was raised on behalf of the defendant that this memorandum is a transaction of mortgage under which the title deeds were deposited towards the debt amount. Therefore it is compulsorily registrable under Section 17 of the Registration Act.

(3.) The learned Judge after considering both the sides and also the authorities cited before him came to the conclusion that it does not require any registration and the objection of the defendant was overruled as untenable.