Uday Umesh Lalit, J. - (1.) On the basis of a document dated 20th March 1959, which was styled as 'simple mortgage', Original Suit No.2249 of 1981 was filed by the respondent/original plaintiff praying for redemption of mortgage and for recovery of possession.
(2.) The appellant/original defendant in his written statement pleaded that under the aforesaid simple mortgage, the defendant was not put in possession; that subsequently a document dated 12.11.1960 was entered into between the parties under which the original plaintiff purported to convey title in favour of the defendant; and, that it was in pursuance of this subsequent document that the defendant was put in possession.
(3.) It must be noted here that the document dated 12.11.1960 being an unregistered document was not allowed to be exhibited and could not be relied upon as a document of title.;