Unregistered document shall not be received in evidence

Raghunath and Ors. vs. Kedar Nath (03.02.2026 - SC) : MANU/SC/0486/1969

Case Note:
Property - Redemption of mortgage - High Court dismissed second Appeal preferred by Defendants and allowed Plaintiff’s Appeal and decreed Plaintiff’s suit for redemption on payment - Hence, this Appeal - Whether, judgment and order passed by High Court was correct - Held, terms in Ex. 4 clearly showed that it was mortgage deed and not sale deed - Ex. A.26 which forms part of same transaction was required to be registered Under Section 54 of Transfer of Property Act - However, it was not registered - Hence, it was not admissible in evidence to prove nature of transaction covered by registered mortgage deed Ex. 4 - Therefore, decree of High Court was affirmed - Appeal dismissed.

Ratio Decidendi:
“Unregistered document shall not be received in evidence of any transaction covered by registered document.”