Judgement

Appeal (No. 83 of 1918) by special leave from a judgment and decree of the High Court (March 17, 1915) reversing a decree of the District Judge of Darbhanga.

Mathura Prashad, since deceased and represented by the appellants, sued the respondents to enforce a mortgage bond for Rs. 8000 dated February 27, 1902. The bond, which was registered under the Indian Registration Act, 1877, in the Mozufferpur district only, purported to mortgage a 7-annas share in a village in the Darbhanga district and a one-kauri share in a village in the

Law. Rep. 48 Ind. App. 127 ( 1920- 1921) Biswanath Prashad V. C handra Narayan C howdhuri

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Mozufferpur district. The mortgagor had purchased the one-kauri share shortly before executing the mortgage under circumstances which appear from the judgment of their Lordships.

The trial judge gave the plaintiff a decree, being of opinion that he was the owner of the one-kauri share, and that the registration was valid.

The High Court reversed the decree. The learned judges (Sharfuddin and Coxe JJ.) were of opinion that the one-kauri share was not validly transferred to the mortgagor, and that it was not intended that it should pass under the mortgage.