Judgement

Appeal from a judgment and two several decrees of the High Court (March 3, 1909) reversing a decree of the Subordinate Judge of Midnapur (May 81, 1906).

The appeal raised questions as to the validity of the registration of a mortgage deed under the Registration Act (III. of 1877), and as to the jurisdiction of the High Court to make a decree to enforce the mortgage, having regard to the situation of the property comprised in the mortgage.

By a mortgage deed dated September 23, 1895, Mani Mohan Roy (the second respondent) purported to mortgage to the appellant various immovable properties specified in the schedule to the deed. The first item in the schedule was a property known as Mahal Gumokpota in the Midnapur district, and was the property to which the suit related. The twenty-eighth, and last, item was described as No. 25, Guru Das Street, Jorasunko, in the town of Calcutta, and was further described by metes and bounds; the full description, as appearing in the schedule, is set out in their Lordships judgment. The deed was registered in the office of the Sub-Registrar for Calcutta, who issued a certificate of registration.

On July 28, 1905, in a suit brought in the Hi