2008 (3) TMI 767 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in the judgment are the redemption of a mortgage, the status of the appellant as a tenant or mortgagee, the validity of an unregistered deed of lease, and the alteration of terms of a registered mortgage by an unregistered document.

Redemption of Mortgage:
The appellant owned a property under a mortgage that was to expire after seven years. The respondents, as predecessors of the mortgagor, filed a suit for redemption after the specified period. The trial court initially dismissed the suit, but the Court of Appeal allowed it, holding that the right created in favor of the defendant as a mortgagee could not be extinguished by an unregistered deed of lease. The appellant's appeal was dismissed by the High Court.

Status of Appellant - Tenant or Mortgagee:
The appellant contended that he was a tenant due to a separate agreement, while the respondents argued that the relationship was that of a mortgagor and mortgagee. The Court of First Appeal held that the appellant failed to prove his status as a tenant and was, in fact, a mortgagee. The High Court upheld this decision, stating no substantial question of law arose.

Validity of Unregistered Deed of Lease:
The Court of Appeal found that the unregistered deed of lease could not extinguish the mortgage rights created by the registered mortgage deed. The appellant's attempt to change his status from a mortgagee to a lessee through the unregistered lease was deemed impermissible in law. The terms of a registered document could only be altered by another registered document.

Alteration of Terms of Registered Mortgage:
The judgment emphasized that the terms of a registered mortgage could not be varied by an unregistered document. The appellant's attempt to change his status from a mortgagee to a lessee through an unregistered deed of lease was legally invalid. The High Court dismissed the appeal, finding no merit in the appellant's arguments.

Conclusion:
The Supreme Court dismissed the appeal, upholding the decisions of the lower courts. It was held that the appellant's attempt to change his status from a mortgagee to a lessee through an unregistered deed of lease was impermissible in law. The terms of a registered mortgage could not be altered by an unregistered document.