SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1950 Supreme(Bom) 107

N.H.BHAGWATI, Y.V.DIXIT
Motilal Fulchand and Anr – Appellant
Versus
Gita Rama and Anr – Respondent


Judgment

Bhagwati, J.

[1] These two sets of appeals arise out of the judgments of the learned Special Judge of the Special Tribunal Court at Mangalwodha. Suits Nos. 1894 of 1937 and 1822 of 1938 were filed by one Bai Gita, the daughter of Gundi, against the firm of Jaynarayan Jagannath Marwadi, the partners of that firm and the alienees from the firm of certain properties and lands situate at Mangalwedha. One Appa had three sons, Gundi, Rama and Sada. There was a severance of joint status between the members of the joint family in year 1892 and certain documents were executed by and between the parties. Gundi thereafter in years 1898, 1900 and 1901 executed mortgages in favour of defendant 1 to secure repayment of certain monies due and owing by him to the firm. He thus mortgaged seven lands to defendant 1 on three several dates in the years 1898.1900 and 1901 and his two brothers Rama and Sada were parties to these documents in their capacity as-sureties. Gundi also executed a possessory mortgage of a house at Mangalwedha in favour of defendant l for the consideration of Rs. 25 in the year 1901. Gundi, it appears, was indebted to several parties, and in execution of a money decree






















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top