Judgement

This was an appeal from a decree of the High Court of Bombay, made on review on the 24th of March, 1873, whereby that Court refused to vary their previous decree, dated the 2nd of December^ 1870, affirming, on special appeal, a decree of the Assistant Judge of Ahmedabad of the 11th of August, 1867, which affirmed a decree of the Moonsiffs Court, dated the 19th of April, 1865.

On the 3rd of September, 1864, Deoram Kanji, deceased, an inhabitant of Gangli, filed his plaint in the Moonsiffs Court at Gogo, against the Appellant, Damodar Gordhan, and Naran Kah yanji, and Laoji Kahjanji, claiming to redeem a-piece of land situate in the village of Gangli, which had been, as Deoram alleged, in the year 1812 given by him in ghas-gharemya, or mortgage, for the purpose of securing Rs.60 to one Gordhan Harnath, the father of the Appellant Damodar Gordhan. Ghas-gharemya was explained to be " a mortgage with possession, under which the produce of the land is taken instead of interest."

At the date of the institution of the suit the village of Gangli formed part of the pergunnah of Gogo, in the zillah of Ahmeddbad, in the Presidency of Bombay.

On the 26th of September, 1864, the Appell