Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Registration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Registration Act, 1908 (16 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Registration Act (XVI of 1908), s. 17-Transfer of Property Act (IV of 1882), s. 58 (f)-Memorandum of deposit of title deeds-When compulsorily registrable.The question whether a memorandum of deposit of title deeds is compulsorily registrable under section 17 of the Indian Registration Act, 1908, as an instrument creating an interest in immoveable property, depends on whether the parties intended to reduce their bargain regarding the deposit to the form of a document. If so, the document requires registration. If, on the other hand, its proper construction and the surrounding circun1- stances lead to the conclusion that the parties did not intend to do so, there being no express bargain; the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does not require registration. The time factor is not decisive.Where accounts relating to the appeilant's dealings with the respondents were taken on a certain date and the appellant gave certain title dee9s to the respondents for being held as security for the amounts then found due and .vhich may become due, and on the satne day the appellant gave a memorandum to the respondents in the form of a letter addressed to tlie respondents .Vhich stated : "We write to put on record that to secure the repay1nent of the money already due to you from us on account of the business transactions betveen yourselves and ourselves and the monev that mav hereafter beco1ne due on account of such ยท transactio~s we have this day deposited with you the following title deeds relating to our properties at ...... with i11tent to create an equitable mortgage on the said properties to secure all moneys including interest that may be found due ....Held that the parties |
Judge | Honble Mr. Justice Patanjali Sastri |
Neutral Citation | 1950 INSC 10 |
Petitioner | Rachpal Mahraj |
Respondent | Bhagwandas Daruka And Others |
SCR | [1950] 1 S.C.R. 548 |
Judgement Date | 1950-05-05 |
Case Number | 67 |
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