Mohinuddin Maqdum Sayyad vs Sumaraj Sea Foods Pvt. Ltd. And 3 Others on 29 November, 2021
23. My attention is also been invited by Mr. Nandlal Agarwal to the
decision of the Madras High Court in T.K. Sathiyanarayanan vs. S.
Jaganathan 2 in which Mr. Agarwal has sought to stress upon the observation
that an unregistered mortgage deed is inadmissible in evidence. What this
decision also holds is that while a mortgage may be assailed, the
unregistered document can still be used to establish loan/debt and in the
present case I have no doubt that the bank had advanced the loan for
purchase of the flat which is now sought to be sold.