KANAI LAL SHAW Vs. CALCUTTA CREDIT CORPORATION LTD.
HIGH COURT OF CALCUTTA
Kanai Lal Shaw
Calcutta Credit Corporation Ltd.
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P.N. Mookerjee, J. -
(1.) This is a second appeal by the heirs and legal representatives of the original Defendant in the connected mortgage suit. The suit has been decreed by the two Courts below and, against their concurrent decision, the present appeal has been filed.
(2.) Two points have been urged in support of this appeal: In the first place, it has been contended that Ex. 1, by which the mortgage in suit was sought to be proved, was not a valid document and could not be legally admissible in evidence, the basic objection being that it was not properly stamped.
(3.) It appears, however, that in the instant case, the disputed mortgage was an equitable mortgage or mortgage by deposit of title deeds and Ex. 1 was merely a memorandum, recording the said transaction. It was in the form of an agreement, but in essence it was a record of the above transaction of mortgage by deposit of title deeds. From that point of view, it was neither required to be stamped nor registered even though it was actually registered. That was the view taken by the two Courts below and, having looked into the said document, Ex. 1, we are not inclined to take a different view of the matter. This point in support of the appeal, accordingly, fails.;
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