Judgement

Appeal (No. 104 of 1925) from an order of the High Court in its appellate jurisdiction (February 13, 1925) reversing an order of that Court in its original jurisdiction.

7 Law Rep. 55 Ind. App. 81 ( 1927- 1928) Puran C hand Nahatta V. Monmotho Nath Mukherjee

268

A consent decree of the High Court ordered specific performance of a contract by which the respondents had sold to the appellant certain premises in Calcutta, subject to a good title being made upon inquiry. The Official Referee reported that the respondents had failed to make a good title, upon grounds which appear from the judgment of the Judicial Committee.

Upon objections to the report Ghose J. affirmed the report so far only as it related to alleged defects under the Registration Act.

Upon an appeal Sanderson C. J. and Rankin J. held that a good title had been made.

1927. Nov. 11, 14. De Gruyther K.C. and Kyffin for the appellant.

Sir George Lowndes K.C. and Dube for the respondents.

With regard to the mortgage of 1886 reference was made to Chutterput Singh v. Maharaj Bahadoor

(L. R. 32 L A. 1.), and in reference to the alleged defect in registration to Mahomed Ewaz v. Birj Lal (( 1877) L. R. 4 I. A. 166.); K