BHATTACHARJEE, J. :- The two main questions requiring determination in this appeal are whether a mortgagor is entitled to file a suit and to obtain a decree for redemption of mortgage where the deed of mortgage is invalid for want of registration and if not, whether the mortgagor is entitled in such a suit to a decree of recovery of possession on proof of title. There is also another question involved in this appeal which, however, may not require any definite decision, that is, whether a marriage between a Darjee male and a chhetri female is illegal and invalid and as such fails to create any right of inheritance in favour of the wife or the issues of such marriage.

2. The suit was originally filed by late Kaloo Karki Dholi Darjee, father of the present plaintiff-respondent Bishnu Maya, against his two full brothers Kaziman and Lall Bahadur for declaration of title and recovery of possession of the suit property. During the pendency of the suit, Kaloo Karki expired and was substituted by his widow Lila Maya and daughter Bishnu Maya; thereafter the widow Lila Maya also died and the suit was continued by Bishnu Maya, the present plaintiff respondent, as the sole surviving le