https://www.taxtmi.com/caselaws?id=294887 A stipulation that the mortgagor would not claim the shop until repayment did not create a personal covenant to repay; the document satisfied the features of a usufructuary mortgage because possession was delivered to the mortgagee, retained until payment, and rents and profits were appropriated in lieu of interest or towards the debt. An unregistered mortgage deed could not be relied on to prove receipt of consideration or the loan, as its recital affecting immovable property was inadmissible. The prior finding on payment therefore could not stand, and the matter was remitted for a fresh finding on proof of the advance from admissible evidence only. en-us Wed, 17 Oct 1962 00:00:00 +0530 Fri, 07 May 2021 14:53:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294887 A stipulation that the mortgagor would not claim the shop until repayment did not create a personal covenant to repay; the document satisfied the features of a usufructuary mortgage because possession was delivered to the mortgagee, retained until payment, and rents and profits were appropriated in lieu of interest or towards the debt. An unregistered mortgage deed could not be relied on to prove receipt of consideration or the loan, as its recital affecting immovable property was inadmissible. The prior finding on payment therefore could not stand, and the matter was remitted for a fresh finding on proof of the advance from admissible evidence only. Case-Laws Indian Laws Wed, 17 Oct 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294887