AIR 1951 PATNA 566 ::ILR 30 Pat 391

Patna High Court

Hon'ble Judge(s): Jha , C.J. AND Reuben , J

(A) Transfer of Property Act (4 of 1882) , S.58— Mtge. when becomes effective. a mtge. bond becomes an effective document after its due execution and registration. Delivery of the same is not an essential part of it unless it is specifically agreed to between the parties to the deed that title would not pass unless the deed is delivered.(Para 7) (B) Evidence Act (1 of 1872) , S.92 Proviso 2— Mtge. deed reciting that entire consideration money was received by mtgor.-Mtgee. admitting that only part of it was paid to mtgor. -Extrinsic evidence is admisable to prove that a duty was cast on mtgee. to pay off dues of mtgor. as the document is silent on the point. (Para 8) Anno. Evi. Act, S. 92, N. 25. (C) Transfer of Property Act (4 of 1882) , S.60— Extinguishment of right of redemption by operation of law - Revenue sale due to default of mtgee. - Mtgee. taking settlement from landlord purchaser - Effect. A executed a usufructuary mtge. (Sudhbharna bond) of his holding in favour of B who entered into possession under it. It was expressly agreed between the parties that B would pay the landlord's due....