Judgement

Law. Rep. 51 Ind. App. 18 ( 1923- 1924) Baijnath Singh V. Jamal Brothers and C ompany, Limited

Appeal (No. 40 of 1922) from a decree (January 10, 1921) of the Court of the Judicial Commissioner, reversing a decree (July 31, 1916) of the Additional District Judge of Yenangyaung.

The suit was brought by the respondents, Jamal Brothers & Co., Ld., against the appellants to enforce a mortgage of oil well sites dated August 16, 1904. The mortgage was to secure money advanced to the appellants by the firm of Jamal Brothers & Co., but was taken in the name of a Chetty firm. By a deed of transfer dated September 11, 1914, made by the Chetty firm, Jamal Brothers & Co., and the respondents, the limited company, the mortgage was transferred to those respondents. The deed of transfer is more particularly described in the judgment of the Judicial Committee.

The mortgage of 1904 had been presented for registration under the Upper Burma Registration Regulation (II. of 1897) and the rules made under s. 8 thereof. It was indorsed with a statement signed by the registering officer that the document had been presented by "S. R. M. Venkatachellam, son of Raman Chetty." Under, or at the side