Dhanpal Singh vs Budh Singh - 1913 Supreme(All) 53

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1913 Supreme(All) 53

CHAMIER, HARRY GRIFFIN
Dhanpal Singh – Appellant
Versus
Budh Singh – Respondent

JUDGMENT

Harry Griffin and Chamier, JJ. - The plaintiff the suit sued to recover principal and interest on an unregistered mortgage deed, dated the 15th of December, 1887, to secure an advance of Rs. 95. The mortgage was executed by Budh Singh, defendant No. 1 in favour of the plaintiff's predecessor in title. Defendant No. 2 Sah Tejpal held a registered mortgage, also for Rs. 95, executed on the 5th of December, 1892, hypothecating the same property. Tejpal brought a suit on his mortgage and obtained a decree, in execution of which he purchased the property himself. The present suit was resisted by Tejpal on the ground that he was purchaser in execution of a decree obtained on a document which by reason of registration took effect against the unregistered document held by the plaintiff. The court of first instance gave the plaintiff a decree conditional on his paying half the amount due to Tejpal defendant No. 2, under the mortgage deed in the latter's favour. Tejpal defendant No 2 appealed to the lower appellate court. In his memorandum of appeal various grounds were taken. But the lower appellate court has decided the appeal on one ground only. Tejpal contended that as he was a p

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