Judgment

SIKRI, J. (on behalf of himself and P. Jaganmohan Reddy, J.) : This appeal by certificate of fitness granted by the High Court under Art. 133 of the Constitution is directed against its judgment and decree modifying the decree passed by the Trial Court. The Trial Court had decreed the suit and granted a preliminary decree against the appellant and another and had declared that the house at No. 35, Paddapukur Road, Bhowanipore, stood charge and/or mortgaged in favour of the plaintiffs ( respondents before us) for the due payment of the sum of Rupees 92182/3/6, and future interest was allowed at the contracted rate. The High Court modified the interest to 6 p.. c. per annum till suit and the same rate till realisation. As the High Court had modified the decree it granted a certificate under Art. 133 of the Constitution.

2. The only point raised by the learned counsel for the appellant is that the document Ex. 2, dated December 17, 1951, required registration and was inadmissible in evidence. The said letter reads as follows:

"Calcutta, the 17th December, 1951

Girdhari Lal Phumra, Esqr.,

56,Burtolla Street,

Calcutta

Dear Sir,

Re: 35, Puddo Pukur Road.

I write to record that I delivere