Mortgage and registration objections failed where execution through an authorised attorney satisfied the Registration Act.

An outstanding mortgage did not, on these facts, create a title defect allowing the purchaser to refuse specific performance, because the mortgagor could pass only the remaining interest subject to the court-ordered sale, and the mortgage could not override the conveyance made under that sale. Registration was also upheld: under the Registration Act, "persons executing" includes a party who executes through a duly authorised attorney, and execution may be admitted before the registrar personally or through a competent representative. The purchaser's objections to title and registration therefore failed, and the contract remained enforceable against him.

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Issues: (i) Whether the outstanding mortgage created a blot on the vendors' title so as to entitle the purchaser to specific performance. (ii) Whether the conveyance was invalidly registered because execution by an attorney and the subsequent appearance before the registrar did not satisfy the Registration Act.

Issue (i): Whether the outstanding mortgage created a blot on the vendors' title so as to entitle the purchaser to refuse specific performance.

Analysis: The mortgagor could transfer only the interest that remained subject to the existing decree and further directions in the same suit. The mortgagee therefore took subject to the court-ordered sale that followed, and the mortgage could not prevail against the conveyance made pursuant to that sale. The title was not encumbered by the mortgage in the manner alleged.

Conclusion: The objection based on the outstanding mortgage failed, and the purchaser was not entitled to reject the title on that ground.

Issue (ii): Whether the conveyance was invalidly registered because execution by an attorney and the subsequent appearance before the registrar did not satisfy the Registration Act.

Analysis: Section 35 of the Registration Act required appearance by the persons executing the document and admission of execution. A document is executed not only by personal signature but also when a duly authorized person signs on behalf of the party. The expression "persons executing" is not confined to the actual signatory. The executing person may appear either personally or through a competent attorney to admit execution, and the statutory procedure was satisfied on that basis.

Conclusion: The registration objection failed, and the conveyance was validly registered.

Final Conclusion: The decree below was upheld, and the purchaser's challenge to the title and registration was rejected, leaving the contract enforceable against him.

Ratio Decidendi: Under the Registration Act, a "person executing" a document includes a person who has validly executed it through an authorised attorney, and such execution may be duly admitted before the registrar either personally or through a competent representative.

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