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H. P. SANDESH
Gaurav Rose Real Estate Pvt. Ltd. – Appellant
Versus
Blue Horizon Hotels Pvt. Ltd. – Respondent
JUDGMENT :
H.P.Sandesh, J.
Heard the learned counsel for the appellant and learned Senior counsel for respondent Nos.1 and 2.
2. This miscellaneous first appeal is filed praying this Court to set aside the order dated 28.04.2018 passed by the IV Additional City Civil and Sessions Judge at Mayo Hall Unit, Bengaluru (CCH-21) in O.S.No.25855/2017 on I.A.Nos.I/2017 and II/2017 and allow the said applications and pass such other order as deems fit in the circumstance of the case.
3. The appellant/plaintiff while seeking the relief of judgment and decree sought for a direction to the defendant No.1 and defendant No.4 to pay the plaintiff a sum of Rs.5 Crores as per the Deed of Mortgage dated 04.04.2014 executed by defendant No.1 in favour of the plaintiff as per Document No.4 to the plaint and along with interest on the said sum at 24% per annum from the date of suit and also sought the relief to declare that the Mortgage Deed dated 28.05.2015 executed by defendant No.1 in favour of defendant Nos.2 and 3 as per plaint Document No.10 is not binding on the plaintiff and its rights under the Mortgage Deed dated 04.04.2014 and so also sought the relief that in the event of the defendant Nos.1 an
An unregistered Mortgage Deed cannot be relied upon for recovery of money, necessitating remedies under Order 38 Rule 5 CPC instead of Order 39 Rule 1 and 2 CPC.
The main legal point established in the judgment is that a mortgage deed must fulfill the requisite conditions as provided in the law, and its registration is necessary for validity and admissibility....
The main legal point established in the judgment is the admissibility of unregistered and insufficiently stamped documents for collateral purposes under Section 49 of the Registration Act, 1908, afte....
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
Redemption of mortgage – Unregistered mortgage deed – Undertaking to create a charge, in absence of a registered mortgage deed does not vest any legal interest in immovable properties.
Contract clauses regarding repayment can be enforceable despite non-registration of mortgage provisions, emphasizing the severability of transactional obligations.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
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