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1968 Supreme(SC) 368

J.M.SHELAT, V.BHARGAVA
M. Manickchand – Appellant
Versus
Elias Saleh Mohamed Sait – Respondent


Judgment

BHARGAVA, J.: This appeal arises out of Original Suit No. 19 of 1943 instituted in the Court of the District Judge, Civil Station, Bangalore, by four plaintiffs. The first two plaintiffs were Elias Saleh Mohamed Sait (respondent No. 1) and Mohamed Saleh Mohamed Sait (respondent No. 2), sons of Saleh Mohamed Sait who died in or about the year 1917, leaving behind his widow, Rahamatbai, three minor sons and three daughters. The eldest of the minor sons was Ahmed Saleh Mohamed Sait, who also died before the institution of the suit, the other two being respondents 1 and 2. At the time when inheritance opened on the death of Saleh Mohamed Sait, admittedly the family was governed by Hindu Law in the matter of succession and inheritance, so that the daughters did not acquire any right in the property left by their father. The principal relief claimed in the suit was for accounts under section 76 of the Transfer of Property Act, No. 4 of 1882 (hereinafter referred to as "the T. P. Act") in respect of a mortgage deed dated 14th July, 1933 (Ext. C) executed by Ahmed Saleh Mohamed Sait, the two respondents in this appeal, and their mother Rahmatbai, for a sum of Rs. 50,000 mortgaging






































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