AIR 1973 ANDHRA PRADESH 245

Andhra Pradesh High Court

Hon'ble Judge(s): C. Kondaiah, A. D. V. Reddy , JJ

(A) Transfer of Property Act (4 of 1882) , S.58(f)— Equitable mortgage by deposit of title deed - Essential ingredients of - Proof. Brief Note :- (A) In order to constitute a valid equitable mortgage by deposit of title deeds within Sec. 58 (f), the actual physical handing over of the documents of title in respect of immoveable property by a borrower or his agent to the lender is not necessary. The deposit of title deeds may as well be constructive. Ingredients of equitable mortgage pointed. (B) Registration Act (16 of 1908) , S.17— Memorandum evidencing deposit of title deeds, if requires registration. Brief Note :- (B) A mere memorandum evidencing deposit of title deeds cannot be construed as contract and as such does not require registration. (C) Provincial Insolvency Act (5 of 1920) , S.28(2)— Suit against insolvent's sons for recovery of pre-partition debt, if barred by S.28(2). Hindu Law - Debts - Liability of sons for pre-partition debt. Brief Note :- (C) Suit by a creditor against insolvent's sons for recovery of pre-partition debt (as incurred lawfully by the father as Manager of the joint family) to the extent payable by the sons fro....