The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday June 20 1932

And since the exception includes acknoledgments covering the whole of the morgage-money it follows that in the opinion of the legislature mere acknowledgment of even full satisfaction of the mortgage-debt does not by itself purport to extinguish the mortgage. [...] The receipt of which the material portion is quoted in the judgment consists of (1) an acknowledgment of full satisfaction of the debt by re-payment of its major portion and remission of the balance and (2) a promise to return the bond on a future date with an endorsement of full satisfaction on it. [...] 17.'(2) (xi) of the Registration Act evidently refers to extinguishment of the interest in immovable property which the mortgagee holds and certainly not to the extinguisment of the debt or the liability to re-pay the mortgage money. [...] It is true that the di'charge of the primary obligation to re-pay the debt has the result of discharging the security and extinguishing the interest in immovable property which is called the mortgage but the law of registration does recognise a distinction between documents which purport to effect the one and those which purport to effect the other. [...] Supposing that the return of the bond is the same as extinguishment of the mortgage a promise to do so is only a proposal to extinguish the mortgage.