Judgement

Consolidated Appeals from two judgments and decrees of the High Court (February 13, 1912), one of which confirmed and the other partly confirmed a decree of the Subordinate Judge of Saharanpur (September 26, 1910).

The question for determination in the appeals was whether two mortgages, dated respectively July 2, 1832, and August 10, 1886, had been duly registered under the Registration Act (III. of 1877).

The mortgage dated July 2, 1882, was executed by Nawab Saiyid Muhammad Khan and Muhammad Ilyas Khan in favour of Lala Mitter Sen.

The mortgage dated August 10, 1886, was executed by the said Nawab Saiyid Muhammad Khan, Muhammad Khurshed Ali Khan, and the first respondent also in favour of Lala Mitter Sen.

There was a third mortgage dated October 25, 1892, which was not the subject of the present appeal.

The appellant instituted two suits against the respondent, the first to enforce the mortgage of 1886, and the second to enforce the mortgages of 1882 and 1892.

The first respondent, by an amendment of his written statement, pleaded that the mortgages sued on were not presented for registration by a competent person, and that the sub-registrar had no jurisdiction to regis