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(Pasupuleti) Bangarayya and ors. Vs. Sree Nallapparaju Venkata Subbaraju and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1931Mad302
Appellant(Pasupuleti) Bangarayya and ors.
RespondentSree Nallapparaju Venkata Subbaraju and ors.
Cases ReferredJiwan Ali Beg v. Basa Mal
Excerpt:
- .....of decree is transferred and so may be covered by the view of the full bench of the allahabad high court in jiwan ali beg v. basa mal [1886] 9 all. 108 we are not prepared to say that the transfer-deed was. inadmissible because it was not registered.2. this appeal is dismissed with.....
Judgment:

1. Before 1st April 1930 there was a conflict of opinion between the Bombay High Court on the one hand and the Calcutta, Allahabad and Lahore High Courts on the other on the question whether a deed transferring a mortgage decree required registration the view of the latter three High Courts being that: registration was unnecessary. There appears to be no reported decision of this Court on the question. As the preponderance of authority is in favour of the view that registration was unnecessary and as the transfer deed in this case does not on its face disclose what kind of decree is transferred and so may be covered by the view of the Full Bench of the Allahabad High Court in Jiwan Ali Beg v. Basa Mal [1886] 9 All. 108 we are not prepared to say that the transfer-deed was. inadmissible because it was not registered.

2. This appeal is dismissed with costs.


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