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1928 Supreme(Rang) 62
HIGH COURT OF RANGOON
Das, J.
Maung Mian Lwin – Appellant
Versus
Mg Tha Baw & Anr. – Respondents
Decided On : 23-08-1928
JUDGMENT
Das, J - I think the lower appellate Court was right in holding that oral evidence was not admissible to prove the mortgage. Plaintiff's case was that the amounts were paid in different periods making a total of Rs. 160 It was argued before me that as the original amount for which the mortgage was effected was Rs, 80 oral evidence was admissible. But what the plaintiff seeks is to redeem a mortgage for Rs. 160 which must be effected by a registered del. A party cannot get out of the Registration Act by taking the money in instalments. If the total amount of the mortgage is over Rs. 100 (as in this case) the mortgage must be by a registered deed, and no oral evidence is admissible. The appeal is dismissed.
