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.