Transfer of Property Act, 1882, ss. 4 and 54-Indian Registration Act, 1908, s. 49 as amended by Transfer of Property (Amendment) Supplementary Act, 1929, s. 10 Section 4 of T.P. Act whether makes s. 49 of Registration Act applicable to documents compulsorily registrable under 3. 54 of T.P. Act-Unregistered sale-deed whether admissible in evidence.

Construction of documents-Mortgage or sale. Practice-High Court in appeal whether can give further relief than given to plaintiff by trial court when plaintiff did not file appeal against decree of trial court.

D took a loan of Rs. 1700/- from M, father of the defendants. On 27th July 1922, D along with his grandmother executed a possessory mortgage deed (Ex.4) in respect of a house for the amount of the afore- D said loan in favour of M. On 23rd February 1953, D's heir sold the said house to the plaintiffs who filed a suit for redemption of the house and for accounts. The defendants who were sons of M resisted the suit on the ground that Ex. 4 was not a deed of mortgage though apparently so. According to them when read with Ex, 26 which was executed in October 1922 it was an outright sale. The trial court decreed the plaintiff's suit for redemption on payment of an amount fixed by it. The first Appellate Court allowed the defendants' appeal. The High Court when finally dis- posing of the second appeal set aside the judgment of the lower appellate court and restored the judgment of the trial court. The High Court fur- ther remanded the case to the lower appellate court with the direction that "the defendants be asked to render accounts before they claim any pay ment from the plaintiff at the time of the redemption of the mortgage". 

In appeals before this Court the contentions on behalf of the defendants- appellants were: (i) That Ex. 4 was really a sale deed and not a mortgage deed and it should be read with Ex. 26; (ii) That s. 4 of the Transfer of Property Act did not make s. 49 of the Registration Act applicable to documents compulsorily registrable by the provisions of s. 54 paragraph 2 of the Transfer of Property Act, and therefore Ex. 26 though unregistered was not inadmissible in evidence; (iii) That in any case since the respon- dents (plaintiffs) had not filed any appeal against the decree of the trial court, the High Court should not have granted them further relief as it did by giving a direction that the defendants should be asked to render accounts before they claimed payment from the plaintiff at the time of the redemption of the mortgage.