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1970 Supreme(Bom) 8

M.G.CHITALE, N.P.NATHWANI
HIRALAL – Appellant
Versus
BHIKARI – Respondent


JUDGMENT

CHITALE J. – This is an aoppeal by defendants Nos. 1 to 3 against the decree passed by the Civil Judge, Senior Division, Jalgaon, against them for Rs. 10,500 with interest and costs.

2. The facts admitted before us are as follows:

One Sampat Ganpat Shinde was the father of plaintiff No. 1 to 3 and 5 to 11, and husband of plaintiff Nos. 4 and 12. One Daulat Shimpi obtained two decrees against Sampat one of them was a mortgage decree for Rs. 10,000 (Exh. 45) and the other one was a money decree for Rs. 7,000 (Exh. 46). Sampat agreed not to dispose of his properties until the two decrees was satisfied. On July 12, 1949 Sampat sold survey Nos. 74 and 84/1 at Kekatnimbhore to defendant Nos. 1 and 2 minor by their natural father defendant No. 3. The sale-deed is at Exh. 39. The consideration for the sale-deed was Rs. 24,912, which was made up by the amounts due under the said two decrees and some other consideration. After purchase defendants Nos. 1 and 2 paid the amount due under the mortgage-decree, but they did not pay the amount due under the money decree (Exh. 46) mentioned above. Daulat Shimpi, therefore, filed execution proceedings - Darkhast No. 48 of 1949 - to execute t









































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