RAMDAYAL Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is plaintiff's first appeal from the judgment and decree of the District Judge, Balotra dated 20. 8. 58 dismissing the plaintiff appellants' suit for the enforcement of a mortgage. The appeal came up for hearing before a Division Bench of this Court. One of the questions raised before the Division Bench related to the invalidity of the registration on account of the non compliance with the provisiocs of secs. 35 and 61 of the Marwar Registration Act which are similar to the provisions of the Indian Registration Act except for some changes in sec. 35 of the Marwar Registration Act. A question relating to the validity of the registration deed on account of the non presentation of the deed and non admission made by some of the executants of a deed arose before a Division Bench in Civil First Appeal No 30 of 1957 : Bhaniram vs. Mukandass and was referred to the Full Bench. Having regard to this reference, the present appeal was also directed to be heard by a Full Bench by the order of the Chief Justice dated 6. 10. 70. THIS is how, the appeal has come before the Full Bench.

(2.) THE facts leading to the appeal are briefly these -

(3.) THE plaintiffs examined 12 witnesses and relied upon 19 documents in support of their case. THE defendants examined 1 witnesses and relied upon 107 documents to rebut the plaintiffs' claim. THE trial court after review of the entire evidence-oral and documentary-recorded findings on the various issues which may be detailed below.