further held that the RDO was empowered to
impound the un-registered mortgage deed cum conditional sale
deed dated 14.07.1957.
5. The material on record ... document is also required to be registered."
9. In the present case, when the un registered mortgage
cum conditional sale deed dated
regard also.
Page 2214
8. The suit is based upon an un-registered mortgage deed dated 7.2.1996, under which it is said, the owner ... defendant, since the defendant had questioned the admissibility of the un-registered mortgage and also challenged the recovery of possession, even. Thus, on facts
came into possession. Unfortunately, their document of title is not registered and is inadmissible in evidence except under the proviso to Section ... comes to the help of defendants Nos.1 and 2. An un-registered mortgage deed can be looked into for the purpose of this Section
possession of the suit shop on 18.07.1970 by virtue of an un-registered mortgage deed duly executed in consideration of Rs. 500/- by the plaintiff ... earlier woner. This document of sale deed though un-registered and was not required to be registered because its value was less than
does not say that an unregistered document which requires to be registered, shall not be received in evidence. The only bar is that such ... mortgaged property. Learned Counsel submits that the suit for possession on un-registered mortgage is maintainable and the Court can pass a decree for possession
possession of the property on the basis of an unregistered mortgage to
secure a debt of Rs.12,000/-. Inasmuch as the said arrangement ... side can enforce any of their right based on this 'un-
registered mortgage'. But the fact remains that the plaintiff has come
following grounds:
i. That the initial burden of proving that the
registered sale deed dated 26.07.1968 is a
forged document was on the plaintiff ... That granting of relief of possession in respect
of an un-registered mortgage agreement is
barred by time, since plaintiff has not bought
the suit
case to
contest in the suit which is based on an un-registered mortgage deed
and the decree was passed without considering the same ... that the decree
itself is untenable as it was passed on un-registered mortgage deed and
moreover the petitioner could not contest the suit
said
hdocafient",onr»the ground that the same is un-
registered and hot admissible in evidence.
d*.7. hThereafter, the piaintiff filed ... iapofiication under Section 151 of CPC seeking
Epermission to mark the un~registered mortgage
"W2
-5,
deed in evidence in the said suit
bogiyam for a sum of Rs.2,00,000/- and an un-registered mortgage deed
2/13
https://www.mhc.tn.gov.in/judis ... payment of bogiyam amount of Rs.2,00,000/- under un-
registered mortgage deed dated 03.01.2004 and the agreement between the
parties was that
