Gous : vs Khawas Ali Khan - 1896 Supreme(Cal) 74

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1896 Supreme(Cal) 74

GORDON, BANERJEE
Gous : – Appellant
Versus
Khawas Ali Khan – Respondent

JUDGMENT

Banerjee and Gordon, JJ. - This appeal arises out of certain execution proceedings. The appellant, as the assignee of the assignee of a decree on a mortgage bond, applied for execution of that decree. The successive assignors admitted the assignments, but the judgment-debtor objected to the execution proceedings upon various grounds, of which it is necessary to notice only one, namely, that the applicant bad no right to execute the decree by reason of the assignment in favour of his vendor from the original decree-holder being by an unregistered document, which is inadmissible u/s 49 of the Registration Act.

2. The first Court overruled the other objections of the judgment-debtor, and with reference to the objection last mentioned, it held that, though by reason of the assignment in favour of the applicant's vendor not being by a registered document, the applicant was not entitled to enforce the decree as a mortgage decree, there was nothing to prevent his enforcing it as a simple money decree, and that order has been affirmed on appeal.

3. In second appeal it is contended on behalf of the judgment-debtor that this order is wrong, and that the applicant had acquired no right

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