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1980 Supreme(SC) 32

N.L.UNTWALIA, O.CHHINNAPPA REDDY
Arvind @ Abasaheb Ganesh Kulkarni – Appellant
Versus
Anna @ Dhanpal Parisa Chougule – Respondent


Advocates:
LALIT BHARDWAJ, Navin Sinha, R.B.DATAR, S.V.TAMBWEKAR, V.S.DESAI

JUDGMENT

O. CHINNAPPA REDDY, J. :— On April 15, 1930 Parisa Chougule, executed Exhibit 93, a deed of mortgage in favour of Ganesh Dattatraya Kulkarni (father of the appellants) for a sum of Rs. 1,600/- in respect of a single item of land. On August 25, 1933, Parisa Chougule executed Exhibit-92 another deed of mortgage in favour of the same mortgagee for a sum of Rupees 1,000/- in respect of 10 items of land including the land previously mortgaged under Exhibit 93. Both the mortgages were possessor mortgages but it appears from the evidence that the land was leased back to the mortgagor for a stipulated rent. Parisa Chougule died on June 15, 1934 leaving behind him three sons, Bhupal, an adult, and Anna and Dhanpal, minors. On July 11, 1934, Bhupal borrowed a further sum of Rs. 131/- and executed a simple mortgage Exhibit 91 in respect of the very 10 items of land covered by Exhibit 92. On May 1, 1935. Bhupal purporting to act as the Manager of the joint family and the guardian of his minor brothers executed a deed of sale Exhibit 90 in favour of Ganesh Dattatraya Kulkarni in respect of four out of the ten items of land mortgaged under Exhibits 93, 92 and 91. The consideration for t






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