COLLECTOR OF MORADABAD Vs. CHHOTEY LAL

JUDGEMENT

(1.) On the 20 of November, 1911, Maulvi Maqbul-ur-Rahman executed a mortgage of considerable property in the district of Meerut in favour of Sabu Prasadi Lal, to secure repayment of Rs. 10,000 and interest. The mortgagor subsequently executed several transfers of the mortgaged property, some by way of mortgage and some apparently by way of absolute transfer.

(2.) The appellant claims under one of such transfers, but the extent and character of his interest is nowhere stated, nor need it be investigated as it is admittedly sufficient to support the appeal. He contends that the mortgage of the 20 of November, 1911, was not properly registered in accordance with the provisions of the Indian Registration Act (XVI of 1908), and is consequently invalid.

(3.) The respondent is the Manager of the Court of Wards, acting on behalf of the three infant children of the mortgagee, who died on the 8 of February, 1912.