High Courts(1930) 09 MAD CK 0004

(Pasupuleti) Bangarayya and Others vs Sree Nallapparaju Venkata Subbaraju and Others

Madras High Court · Decided on 8 September 1930 · Citation: AIR 1931 Mad 302

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Judgment

7 paragraphs · 155 words
1.

Before 1st April 1930 there was a conflict of opinion between the Bombay High Court on the one hand and the Calcutta, Allahabad and Lahore

High Courts on the other on the question whether a deed transferring a mortgage decree required registration the view of the latter three High

Courts being that: registration was unnecessary. There appears to be no reported decision of this Court on the question. As the preponderance of

authority is in favour of the view that registration was unnecessary and as the transfer deed in this case does not on its face disclose what kind of

decree is transferred and so may be covered by the view of the Full Bench of the Allahabad High Court in Jiwan Ali Beg v. Basa Mal [1886] 9

All. 108 we are not prepared to say that the transfer-deed was. inadmissible because it was not registered.

2.

This appeal is dismissed with costs.