AIR 1988 KARNATAKA 59 ::ILR 1987 Kant 1242

Karnataka High Court

Hon'ble Judge(s): P. P. Bopanna, S. G. Doddakale Gowda , JJ

(A) Transfer of Property Act (4 of 1882) , S.58(f)— Registration Act (16 of 1908) , S.17— Loan obtained on security of immovable property mortgaged by deposit of title deeds - Document creating mortgage, held, did not require registration - Suit by mortgagee for recovery of loan amount could not be dismissed on that ground. Where loan is obtained from the Bank on the security of the immovable property mortgaged by deposit of title deeds in favour of the Bank and the document creating the mortgage by deposit of title deeds does not contemplate the execution of any further document for creating a mortgage in favour of the Bank, such document does not require registration under S.17 of the Registration Act. Therefore, in a suit brought by the Bank against the mortgagor the plea of the defendant that the document was not admissible in evidence and the suit has to be dismissed on that ground alone has no substance. (B) Civil P.C. (5 of 1908) , O.21 R.58, O.21 R.63— (as existed prior to Amendment Act 104 of 1976) Attachment of property in execution of decree - Suit for enforcing rights under equitable mortgage in respect of same property pending - Dismissal of plaintiff's objection under O.21, R.58 - Non-filing of separate suit under O.21, R.63 is no bar to enforce right of plaintiff under earlier pendin....