High Courts(1871) 05 CAL CK 0003

Dwarkanath Mitter vs S.M. Sarat Kumari Dasi

Calcutta High Court · Decided on 3 May 1871

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Judgment

1 paragraphs · 154 words

Phear, J.—It seems to me that Mr. Evans'' contention must prevail. I cannot separate this letter from the transaction of the deposit of the title-deeds. It explains why the deeds are deposited, and states that the deposit is made as a collateral security for Rs. 20,000. This is not a case in which the charge on land is implied from the deposit of the deeds themselves, neither is it a case where the charge or the equitable mortgage is made expressly by parol. But it is, as I understand the plaint itself, a case where the basis of the plaintiff''s claim is a written document signed by the owner of the property, and it appears to me that the document, and nothing else, creates the charge. It is therefore such a document as ought to be registered under the terms of the Registration Act, and cannot be admitted in evidence unless it is registered.