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february 1969

Supreme Court of India · 1969-02-03

RAGHUNATH & ORS. vs KEDAR NATH

Citation / case number
SC 1966/60376
Court
Supreme Court of India
Petitioner
RAGHUNATH & ORS.
Respondent
KEDAR NATH
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the document Ex. 4 was a mortgage deed and not a sale deed, affirming the trial court's decree for redemption. It ruled that Ex. 26, being unregistered, could not be admitted in evidence as it was required to be registered under Section 54 of the Transfer of Property Act, 1882, and clarified that Section 4 of the Transfer of Property Act does make Section 49 of the Registration Act applicable. The Court also determined that the High Court's direction for the defendants to render accounts was appropriate despite the plaintiffs not appealing the trial court's decree.

RAGHUNATH & ORS. vs KEDAR NATH · Niyam