BANSHI LAL Vs. GAURI LAL AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India is directed against order dt. 28.10.2014 passed by the trial Court, whereby, the application filed by the petitioner under Sec. 65 of the Evidence Act for permission to lead secondary evidence has been rejected. The application was filed seeking permission to lead secondary evidence qua a unregistered mortgage deed. The trial Court came to the conclusion that in view of provisions of Section 49 of the Registration Act, 1908 ('Act of 1908') the original mortgage deed itself was inadmissible in evidence and, therefore, the application seeking permission to lead secondary evidence of such inadmissible document was not maintainable and, consequently, dismissed the same.

(2.) UNDER Section 59 of the Transfer of Property Act, 1882 where the principal money secured is one hundred rupees or upwards, a mortgage can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.

(3.) IN view of provisions of Section 49 of the Act of 1908 the same is inadmissible and for a original document, which is inadmissible, secondary evidence cannot be permitted to be led. Consequently, the order passed by the trial Court cannot be faulted and the writ petition does not have any substance and the same is, therefore, dismissed. The stay petition is also dismissed. No order as to costs.