A.M.Shaffique, J. The review petition is filed challenging judgment dated 27.8.2014 in W.A. No.1114 of 2014. It is inter alia contended by learned counsel for the review petitioner that the petitioner was not in a position to rely upon the judgments of this court as well as the Supreme Court with reference to the question relating to compulsory registration of mortgage deed.
2. Reliance is placed on the decision of this Court in Allahabad Bank v. Ley Bros and Others [2010 (1) KLT 765]. This Court held that if an equitable mortgage is created by virtue of an agreement between the parties, registration is mandatory. This position is well settled. But as far as the facts involved in the present case is concerned, the petitioner relies on the 'memorandum regarding mortgage by deposits of title deed'
R.P. No. 824/2014 2 which does not create any mortgage. It only evidences deposit of title deeds. Under such circumstances, it is apparently a case of mortgage being created by deposit of title deeds, which does not require registration. We do not think that there exists any ground for interference by way of review. Accordingly, this review petition is dismissed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.