Registered mortgage cannot be turned into a lease by an unregistered later document, and tenancy rights must be proved.

A registered mortgage cannot be converted into a lease, or its legal incidents altered, by relying on an unregistered subsequent document. The Supreme Court noted that the parties' status as mortgagor and mortgagee could not be changed into lessor and lessee without proved terms supporting such a transformation. It also upheld the finding that tenancy rights in the suit property were not proved. The competing claims of mortgage and lease must be resolved from the terms actually established on record, and no general rule governs every alleged merger of lease and mortgage interests.

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Issues: Whether the appellant could rely on an unregistered subsequent document to treat the registered mortgage transaction as a lease and resist redemption, and whether the appellant had proved tenancy rights in the suit property.

Analysis: The mortgage deed was a registered instrument and its terms could not be altered or varied by an unregistered document so as to change the legal character of the parties from mortgagor and mortgagee to lessor and lessee. The finding that the appellant failed to prove possession as a tenant was upheld. The Court also noted that the controversy depended on the terms of the documents and that no hard-and-fast rule could govern every case of alleged merger of lease and mortgage interests.

Conclusion: The appellant could not establish tenancy rights or defeat the respondents' right to redeem the mortgage, and the challenge to the decree for redemption failed.

Final Conclusion: The registered mortgage remained effective, the unregistered document did not alter the parties' status, and the appeal was liable to be rejected.

Ratio Decidendi: A registered mortgage cannot be converted into a lease or its legal incidents altered by an unregistered subsequent document; the effect of competing mortgage and lease claims must be determined from the proved terms of the documents.

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