https://www.taxtmi.com/caselaws?id=309482 Admitted execution of a registered mortgage deed permits the mortgagee to discharge the initial burden of proving consideration through the instrument's recitals and supporting oral evidence. The evidential burden then shifts to the defendants to establish absence of consideration. Failure to examine a material executant may support an adverse inference. Non-examination of attesting witnesses does not by itself defeat the mortgage claim where execution is not specifically denied and the statutory attestation requirement is inapplicable on the facts. On proof of consideration, the mortgage debt may be enforced through a preliminary decree. en-us Thu, 19 Aug 2004 00:00:00 +0530 Tue, 05 Sep 2023 16:24:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309482 Admitted execution of a registered mortgage deed permits the mortgagee to discharge the initial burden of proving consideration through the instrument's recitals and supporting oral evidence. The evidential burden then shifts to the defendants to establish absence of consideration. Failure to examine a material executant may support an adverse inference. Non-examination of attesting witnesses does not by itself defeat the mortgage claim where execution is not specifically denied and the statutory attestation requirement is inapplicable on the facts. On proof of consideration, the mortgage debt may be enforced through a preliminary decree. Case-Laws Indian Laws Thu, 19 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309482