Judgement

Consolidated Appeals (Nos. 148 and 149 of 1920) from seven judgments and decrees of the Chief Court of Lower Burma (May 6, 1918), modifying, as to No. 148, and affirming, as to No. 149, decrees of the District Judge of Akyab.

Law Rep. 50 Ind. App. 283 ( 1922- 1923) Imperial Bank of India V. U Rai Gyaw Thu and Company Limited 94

The main question arising in the appeals was whether in respect of certain advances made by the Bank of Bengal (now represented by the appellant bank) at Akyab on the security of a previous deposit by the borrowers of the documents of title of immovable property the bank was entitled to priority over registered mortgages executed in favour of the respective respondents before the advances in question were made but after the deposit with the bank.

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

The deposit in appeal No. 148 was of the documents of title of parcels of land in Pauktaw township being in all of about 304 acres. The borrower signed a letter, in the terms set out in the judgment, making the documents collateral security for advances made or to be made to him; the letter was not registered. In appeal No. 149 the depo