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PETITIONER: KASHINATH BHASKAR DATAR
Vs.
RESPONDENT: BHASKAR VISHWESHWAR KARVE
DATE OF JUDGMENT: 22/02/1952
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN FAZAL ALI, SAIYID
CITATION: 1952 AIR 153 1952 SCR 491
ACT: Indian Registration Act (XVI of 1908), s. 17 (1)(b)--Subsequent document varying terms of previous docu- ment--Limiting and extinguishing "interest" in immoveable property--Equitable doctrine of part performance--Whether applicable.
HEADNOTE: A suit to recover money based on two mortgages was resist- ed by the defendant on the plea that the mortgages were satisfied as the assignor of the mortgages to the plaintiff had executed an agreement in favour of the defendant which proved satisfaction. This agreement was not registered and the question for determination was whether it required registration and whether if it did, it could not be used for the collateral purpose of proving full payment of the mort- gage amount. The agreement contained, inter alia, the following terms: "(i) I am settling and formulating new terms and I am confirming some very terms which were de- clared before; (iii Although the rate of interest mentioned in the mortgage deeds is 14 annas still the actual rate is to be received at the rate of 8 annas and so it is settled between the original parties; (iii) It was agreed that if you pay me Rs. 1,800 in a ...