KISANLAL MAHAAND Vs. PAIKU KUNBI

JUDGEMENT

(1.) 1. The plaintiffs-appellants sued at foot of a simple mortgage-deed. The learned District Judge has held that the deed must be treated as unregistered and has passed a personal decree against some of the defendants.

(2.) IN appeal the main point pressed is that the deed was validly registered. The other grounds relate only to interest and costs. The deed states clearly that sir rights in the village of Jam are not affected by the deed but contains a statement that certain mango trees "with trunks and blossom" standing in sir fields form part of the mortgaged property. The decision of the learned District Judge with regard to registration is based on the following reasoning. Trees of all kinds standing on agricultural land are part and parcel of that land. Therefore the mango trees are part and parcel of the sir land. The mortgage-deed then purported to transfer the rights of a proprietor in sir land without reservation of the right of occupancy. Section 49 (2), Tenancy Act, prohibited registration and the document which should not have been registered must be treated as unregistered and therefore inoperative.

(3.) THE reference appears to be to Section 3, Clause (25), which is as follows : Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.