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1960 Supreme(Mad) 369

RAJAGOPALAN, RAMACHANDRA.IYER, VEERASWAMI, SRINIVASAN, KUNHAMED KUTTI
H. Venkata Sastri and Sons – Appellant
Versus
Rahilna Bi – Respondent


JUDGMENT

Ramachandra Iyer, J.

(1) The following question has been referred for the opinion of the Full Bench :

"Whether the decision in Veerappa Chettiar v. Subrahmanya Iyer, ILR 52 Mad 123 : AIR 1929 Mad 1, requires reconsideration."

The appeals which have given occasion for the reference involve a question as to the validity of a security bond executed in favour of the Register of this court creating a charge over certain immovable properties for payment of the amount due under a decree. The document was attested only by one witness at the time of execution. When the document was presented for registration, the admission of execution by the mortgagor was vouched by the signature of the Registrar. Two persons who identified the mortgagor before the Registrar also affixed their signature in token of their identification. The appellant, who impugned the validity of the security bond, contends that neither the Registrar nor the identifying witnesses could be deemed to be attesting witnesses, and those signatures cannot have the effect of rendering the document as a duly executed mortgage. A Full Bench of this court in ILR 52 Mad 123 : (AIR 1929 mad (1), held that the signatures of the re











































































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