Ghulam Qadir v. Collector of Aligarh
Rule established
A mortgage cannot exist without a debt; if no money is actually advanced, the mortgage deed is a nullity
Facts
- A mortgage deed was executed in favor of the mortgagee
- However, no money was actually advanced and no pre-existing debt existed
- The mortgagee sought to enforce the mortgage
Issue
- Whether a mortgage can exist when no debt (advance of money or pre-existing obligation) underlies the transaction.
Held
- A mortgage without a debt is a nullity. S.58 defines mortgage as the transfer of interest "for the purpose of securing the payment of money advanced or to be advanced." If no money is advanced and no debt exists, the essential purpose of the mortgage is absent, rendering the instrument void.
Ratio Decidendi
A mortgage is accessory to a debt. It exists solely to provide security for an obligation. Remove the obligation (the debt), and the accessory (the mortgage) cannot stand independently. It is like a lock without a door.
How to use it in an exam
Use when the problem involves a mortgage where the lender never actually lent money. Key line: "No debt = no mortgage; a mortgage deed executed without actual advance is a nullity."
Source
Source: Mulla TPA 13th ed.
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.