Judgement

Appeal (No. 92 of 1928) from a decree of the High Court (August 9, 1927) reversing a decree of the Subordinate Judge of Monghyr (December 20, 1923).

The respondents brought a suit against defendants represented by the appellants to enforce a mortgage dated October 4, 1910.

The question arising upon the appeal was whether the mortgage was duly registered under the Indian Registration Act, 1908, and if not whether any estoppel arose which cured that defect.

The High Court (Das and Kulwant Sahay JJ.), reversing the trial judge decreed the suit.

The facts of the case, the material statutory provisions, and the grounds of the decisions appear from the judgment of the Judicial Committee.

1930. Nov. 25. Dube for the appellants. Subba Bow for respondent No. 1.

Dec. 16. The judgment of their Lordships was delivered by

SIR LANCELOT SANDERSON. This is an appeal against a judgment and decree dated August 9, 1927, of the High Court of Judicature at Patna, setting aside a judgment and decree dated December 20, 1923, of the Court of the Subordinate Judge of Monghyr.

The suit was brought on September 12, 1922, by Lachmi Prasad Sinha and his co-plaintiffs, who are members of a Hindu joint