Bombay High Court
Satra Kumaji vs Visram Hasgavda on 17 January, 1877
Equivalent citations: (1878)ILR 2BOM97
JUDGMENT Michael Westropp, C.J.
1. The Court, following its own decision in Vasudev Moreshwar Gunpule v. Rama Babaji Dange (11 Bom. H.C. Rep., 149) and the Calcutta decision--Rohinee Debia v. Shib Chunder Chatterjee (15 Cal. W.R., 558, Civ. Rul.), holds that the deed of assignment (Exhibit No. 4), being for a consideration less than Rs. 100, did not require registration. It may be that the parties to the original mortgage (Exhibit No. 3), valued the security and the solvency of the parties at Rs. 100 or upwards, but it does not thence follow that either or both were deemed of that value at the date of the assignment, and it was for the parties to that latter transaction, for the purposes of registration, to fix the value of the interest thereby assigned. This Court, therefore, reverses the decree of the District Judge and remands this cause for a new trial on the merits.