MATHURA PRASAD Vs. CHANDRA NARAYAN CHOWDHURY

JUDGEMENT

(1.) The action to which this appeal relates was brought to enforce a mortgage upon laud. Its validity was challenged by the defendants on the ground that it had not been registered in accordance with the Indian Registration Act, 1877, and was, therefore, inoperative. A registration had been effected, but it was alleged for the defence that it was void, as no part of the property to which the mortgage related was situate within the district of the Sub- Registrar in whose office the mortgage was presented for registration.

(2.) The High Court held, reversing the District Judge, that the mortgage was invalid, on the ground that it had not been duly registered.

(3.) This appeal was brought by the representatives of the mortgagee, praying (I) that the mortgage should be put in force against the land; and (2), in the alternative, that under the head of General Relief judgment should be given against the defendants personally for payment of the amount of the debt.