LAWS(PAT)-1960-4-2

RANGABATI Vs. UNITED BANK OF INDIA LTD

Decided On April 11, 1960
RANGABATI Appellant
V/S
UNITED BANK OF INDIA LTD. Respondents

JUDGEMENT

(1.) This appeal by defendant 2, the wife of defendant 1, arises out of a mortgage suit, which has been decreed by the court below.

(2.) Two points have been pressed, on behalf of the appellant, in support of the appeal first, that the deed of gift dated the 16th July, 1947, executed by defendant 1 in favour of defendant 2 (Ext. B) is a real transaction, and not a sham transaction as held by the court below; and, second, that the letter (Ext. 1-c), of the 2nd February, 1948, was the real contract evidencing its terms between the plaintiff and defendant 1, and, as it is not registered no equitable mortgage was created thereunder.

(3.) In order to decide these two questions, it is necessary to state the material facts, having bearing on them which are as below :