BISWANATH PRASHAD Vs. CHANDRA NARAYAN CHOWDHURI

JUDGEMENT

(1.) THE action to which this appeal relates was brought to enforce a mortgage upon land. Its validity-was challenged by the defendants on the ground that it has 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.) THERE was no appearance on this appeal on behalf of the respondents, and the case was argued before their Lordships' Board ex parte.