Venkatasubba Rao, J.

1. This case (S.A. No. 241) illustrates forcibly the way in which the subordinate judiciary, I find, often misapplies the rule as to the fraud on the Registration Law laid down by the Privy Council Harendra Lal v. Haridasi Debi 1914 P.C. 67 and Mathura Prasd v. Chandra narayan 1921 P.C. 8. It is forgotten that, as in the case of every other kind of fraud, the party, who sets up this defence is bound to make it out by clear and cogent evidence. As has been pointed out by Beasley, C.J. and Curgenven, J., in their judgment in Ramanathan Chetti v. Delhi Batcha Thevar 1931 Mad. 335.

There should be the strongest evidence of the fact there was collusion between the mortgagors and the mortgagees before the mortgagees can be deprived of the mortgage amount owing under the mortgage deed by reason of its registration being invalid, because of the inclusion of a small item of property not belonging to the mortgagors.

2. Again, it is important to bear in mind that a mere failure to make out a good title to the property dealt with by the instrument, is something totally different from the fraud contemplated by the decisions: See the observations of the Judicial Committ