M.C.CHAGLA
Babibai Thakuji – Appellant
Versus
Fazluddin Usmanbhai Momin – Respondent
1. A rather interesting question arises on this civil revision application. A Board under the Bombay Agricultural Debtors Relief Act of 1939 was set up in the Khed taluka on 1st January, 1942. The last day for making applications tor adjustment of debts under Section 17 was 1st June, 1943. On 7th July, 1942, one Rajguru applied for the adjustment of the debt due by the husband of the petitioner, Thakuji. Notices were issued under Section 31 of the Act and in reply to the notice a statement was submitted by the petitioner, on 19th December, 1946, Thakuji having died in the meanwhile.
In that statement she challenged five transactions of sale. Her case was that Thakuji had purported to sell three lands by three transactions of 1925, 1927 and 1931 to the brother of opponent No. 1 Kasambhai and there were two other transactions also purporting to be sales in favour of one Tarvade and these two lands had been ultimately transferred by Tarvade to Kasambhai and in partition between opponent No. 1 and Kasambhai all these five lands had gone to the share of opponent No. 1. The petitioner, therefore, contended in this statement that these transactions should be declared to be mortgage tr
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