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1912 Supreme(Cal) 401

MOOKERJEE, HARINGTON
Gopal Chandra Chakravarti – Appellant
Versus
Surendra Kumar Roy Chowdhury – Respondent


JUDGMENT

1. This is an appeal by the defendants in a mortgage suit. The mortgage was executed by defendant No. 1 who is not a party to the appeal. The appellants are two persons, one of whom took a lease of some property comprised in the mortgage and the other took a putni lease of properties equally encumbered. The plaintiffs sued on their mortgage and recovered judgment. The objection taken by the defendants is that the mortgage-deed was presented for registration more than four months after the execution, that to enable it to be registered under the law, the date was altered by the mortgagor and thereby registration was obtained which was not warranted by law. The mortgage was executed on the 24th April 1905. It was registered on the 21st September 1905, the date having been altered to the 25th June 1905. The lease taken by one of the appellants was not taken till September 1906, and the other some time after. The result, therefore, is that the leases were taken long after the registration of the mortgage-deed. Now, no question of fraud of any kind arises in the case because the mortgagor wrote on the deed an explanation pointing out that this change in the date of the deed had b

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