Judgement

Law. Rep. 67 Ind. App. 431 ( 1939- 1940) Babu Nisar Ahmad Khan V. Babu Raja Mohan Manucha

180

Consolidated Appeals (No.88 of 1938) from a decree of the Chief Court of Oudh (August 18, 1936), which modified a decree of the Additional Subordinate Judge of Sultanpur (October 30, 1933).

The questions at issue in these consolidated appeals were, first, whether a certain mortgage deed and a deed of further charge executed in 1919 were void or voidable by reason of undue influence, and, secondly, whether the said deed of further charge was void or voidable by reason of para.11 of the Third Schedule to the Code of Civil Procedure, 1908, because it was executed without the written permission of the collector.

The facts appear fully from the judgment of the Judicial Committee.

The Subordinate Judge held (inter alia) that the deed of further charge, in respect of which the collectors permission had not been obtained, was void ab initio, and that the mortgagor was not liable to make any payment thereunder.

The Chief Court (E. M. Nanavutty and H. G. Smith JJ.) were of opinion that the deed of further charge fell within the words " discovered to be void occurring in s. 65 of the Indian