AIR 1990 KERALA 157

Kerala High Court

Hon'ble Judge(s): V. S. Nair, P. K. Shamsuddin , JJ

(A) Transfer of Property Act (4 of 1882) , S.58(f)— Equitable mortgage - Mortgage by deposit of title deeds - Registration copy deposited - Mortgagor's intention to create equitable mortgage established in clear and unambiguous terms - Non-depositing of original document - Does not mean that equitable mortgage is not created. In the instant case the mortgagor deposited a registration copy of the title deed and other relevant documents like tax receipt etc. with the Bank. The mortgagor claimed title as one of the donee. In the original title deed the donor had gifted properties to some persons, one of the properties was gifted to the mortgagor, since properties were gifted to many persons, all of them could not have original gift-deed. Therefore, the mortgagor deposited the registration copy. Held that the various documents including the registration copy of the title deed deposited with the Bank clearly established the title of the mortgagor. The evidence on record also showed the intention of the mortgagor to create an equitable mortgage in clear and unambiguous terms. Thus it could not be said that merely because the original title deed was not filed, no equitable mortgage was created. It could not be said that only in cases where the original title deed is lost that deposit of a registration copy can validly create an equitable mortgage.(Pa....