AIR 1963 MYSORE 332 ::ILR (1963) Mys 536

Mysore High Court

Hon'ble Judge(s): K. S. Hegde, T. K. Tukol , JJ

Registration Act (16 of 1908) , S.17(2)(vi)— Civil P.C. (5 of 1908) , O.41 R.5(6)— Security executed under O.41, R.5(6), C.P.C., mortgaging immoveable property worth more than Rs. 100/- - Bond exempt from registration u/S.17(2)(vi) - Precedent - Well settled decision - Transactions entered on its basis - Setting aside decision not desirable. A security bond executed under O. 41 R. 5(6), C. P. C., mortgaging properties worth more than Rs. 100/- is exempt from registration under S. 17(2) (vi). Courts should hesitate to disturb a view of the law which had been accepted as correct by several High Courts and transactions entered into on that basis unless that view is clearly wrong. If it is otherwise, interests of innocent parties will be injured. It would be inappropriate to disturb a well settled position in law and thereby render invalid numerous unregistered security bonds that must have been executed in various Courts in the 'Bombay area' of the Mysore State following the decision of the Bombay High Court in AIR 1928 Bom 42. It is not correct to proceed on the basis that questions of law can be divorced from facts of life and can or should be treated as mere subjects for mental exercise without regard to the consequences that may ensue as a result of the decision rendered.(Para 1 11) .....