Hari vs Phola

D.S. Tewatia, J.—The Plaintiff-Appellant secured a decree in the sum of Rs. 2,000/-against the Dafendant-Respondent on the basis of receipt Exhibit P. 1 dated 6th October, 1966. The lower appellate Court set aside the judgment and decree on the ground that the receipt Exhibit P. 1 was a mortgage deed as it tended to amount to extinguishment of rights in land and thus required registration u/s 17 of the Registration Act, was not admissible in evidence being unregistered mortgage deed.

The short question that falls for consideration is as to whether receipt Exhibit P. 1 requires registration. When translated into English it reads:

I, Pholu son of Kalu for self and on behalf of my real brother Odha, Rajput (illegible), resident of Bhowapur, Tehsil Ballabgarh, District Gurgaon do hereby declare as under:

I have received Rs. 2,000/- (Rupees two thousand) in cash from Shri Harli son of Sekson, resident of Bhowapur as mortgage n oney in respect of land measuring 13 kanals 9 marlas comprising Killa No. 22.

__________________ 7/2, 14/1, 17/1 North

1-2 7-1 4-16 situate at Siwana

Bhowapur Nothing has been left due. He has been put in possession of the aforesaid land. Hence these few lines have been executed so that it may serve as an authority and be of use in time of need.

Dated 6th October, 1966. Witnesses by:-- Rattan, Lambardar of Bhowapur

Executed by:-- Pholu son of Kalu Rajput by caste for self and on behalf of his real brother Odha, Mortgagor.

(Sd.) Pholu son of Kalu (with his thumb mark)

A bare perusal of this document would reveal that the document Exhibit P. 1 is a mere receipt as this document by itself neither created any interest in immovable property nor extinguished any interest. The document merely shows receipt of certain amount by the Dafendant-Respondent from the Plaintiff-Appellant in connection with the mortgage of land having been effected by the Dafendant-Respondent in favour of Plaintiff-Appellant prior to the execution of this receipt. At the relevant time the mortgage of the land in Haryana could be effected orally as Section 59 of the Transfer of Property Act, 1882, effecting mortgagee by registered deed was made applicable for the first time by notification No. S.O. 75/C.A. 4/1882/S. 1/67 dated 5th August, 1967.

The receipt of the kind did not require registration as held in two decisions. AIR 1939 272 (Lahore) and Ganda Singh and Ors. v. Wasakha Singh 939 PLR 38.

For the reasons afore-mentioned, the judgment and decree of the appellate Court are set aside and that of the trial Court are restored and the appeal is allowed with cost.