JUDGMENT : -This is an appeal by the decree-holders in O.S. No.343 of 1936, who obtained a money decree against Muthukumaraswami Mudali with a charge on certain items of property some of which had been previously mortgaged to defendant 3 in that suit. This second appeal arises out of a claim petition made by the respondent Muthukumaraswami Mudalis son minor Vachani Mudali represented by his mother as next friend in 1949 claiming the charged items as in his possession on the ground that in a partition deed with his father in 1939 he was allotted them and furthermore that he discharged the usufructuary mortgage Ex. A.9 to defendant 3 on 15-7-1943. In support of this discharge he filed a receipt Ex. A.1(a) which was unregistered.

The subordinate Judge held that Ex. A.1(a) was inadmissible in evidence as it was compulsorily registrable under S.17, cl. (1), Registration Act and did not come within the exception contained in cl. (2)(xi) of S.17. He accordingly dismissed this claim petition filed under O.21, R.58 and S.47, C.P.C., allowing it only in respect of certain items which had not been charged in the decree and had been apparently attached by mistake and holding that the c