Arun Mishra, J.

1. The short question involved in the writ petition is that whether an unregistered document purporting to extinguish the mortgage deed can be said to be admissible in evidence without being registered and whether it can be used in evidence for collateral purpose.

2. The facts, in short, are that plaintiffs filed a suit for declaration that they are Bhumiswami and in possession of disputed land. Plaintiff No. 1 is owner of 3/4th portion, plaintiff No. 2 is owner of l/4th portion of said land. Prayer for permanent prohibitory injunction restraining the interference in possession at the hands of defendants has also been made. The property is situated at Village Thaukar, Tehsil Hujur, District Rewa.

3. The plaintiffs came with the case that earlier the land was mortgaged with one Koshal Prasad Pandey which was redeemed on 9-6-1961. The sale deed was also executed by plaintiff No. 1 and his uncle Har Prasad, since deceased on 12-5-1966, in favour of Koshal Kishore the land was to be redeemed, in case mortgaged money was paid otherwise the sale would become final. On 23-5-1969 amount was paid to Ugrasen Prasad, thus, conditional sale came to an end, land stood redeemed