Birendra Singh Yadav, J. - (1.) It is not necessary to give the facts in the present case as the only question involved is if the receipt, Exhibit P. 1, executed by Lal Chand Defendant is admissible in evidence or not. Suffice it to say that Kasturi Lal Plaintiff (now Respondent) had filed a suit against the present Appellant Lal Chand for possession of the suit land on the ground that he had redeemed the mortgage by paying the mortgage money amounting to Rs. 872/ - to the said Defendant. The other Defendants, who are now Respondent Nos. 2 to 6, were made proforma Defendants. Lal Chand Defendant had denied the receipt of the money and about the redemption of the land. During evidence the Plaintiff produced receipt Exhibit P. 1 about the payment of Rs. 872/ - to Lal Chand Defendant in connection with the said mortgage. The learned trial court held that the receipt required compulsory registration and as it was not registered, it was not admissible in evidence. Consequently, the Plaintiff's suit was dismissed. Feeling aggrieved, he filed an appeal which was heard by learned Senior Subordinate Judge (with Enhanced Appellate Powers), Ambala. He held that the receipt was admissible in evidence even though not registered. Consequently, he accepted the appeal granted a decree for possession of the suit land in favour of the Plaintiff. Now Lal Chand Defendant has come to this Court in Second Appeal.
(2.) Before I proceed further it becomes necessary to reproduce here the relevant provisions of the Registration Act. 17(1). The following documents shall be registered, if the property to which they relate is situated in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely, - (a) xx xx xx (b) other non -testamentary instruments which purports or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent , of the value of one hundred rupees and upwards, to or in immovable property; (c) non -testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and XX XX XX XX (2) Nothing in Clauses (b) and (c) of Sub -section (1) applies to - XX XX XX XX (xi) any endorsement on a mortgage -deed acknowledging the payment of the whole or any part of the mortgage -money, and any other receipt for payment of money under a mortgage when the receipt does not purport to extinguish the mortgage; or XX XX XX xx
(3.) I may also take notice here of the contents of the receipt Exhibit P. 1 which has been proved to have been executed by Lal Chand Defendant. It is Urdu. When translated into English its relevant portion somewhat reads as follows: - I, Lal Chand ..............have received Rs. 872/ -, half of which is Rs. 436/ - in connection with about 9 kanals of mortgaged land from Babu Kasturi Lal.................. Receipt has been executed so that it may be used at the time of need. The question that arises is that under which of the above quoted clauses of Sec. 17 of the Act the receipt in question falls.;