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1974 Supreme(Bom) 129

B.M.SAPRE, G.N.VAIDYA
MANJULABAI LAXMAN CHAVAN – Appellant
Versus
MANIKCHAND TULJARAM SHAH – Respondent


JUDGMENT

VAIDYA J.- This appeal involves an interesting point under section 15 of the Bombay Agricultural Debtors Relief Act, 1947, in addition to a point under the Limitation Act, 1908.

2. It is a First Appeal, directed against the judgment and decree, dated December 24, 1964, passed by the Joint Civil Judge, Senior Division, Sholapur, in Special Civil Suit No. 22 of 1962, filed, on July 11, 1962, by the respondent No. 1 plaintiff, Manikchand Tuljaram Shah, against (1) Manjulabai Laxman Chavan; (2) Tukaram Babaji Chavan; (3) Hindurao Tukaran Chavan; (4) Sadashiv Kondiba Chavan and (5) Namdeo Babaji Chavan as defendants Nos. 1 to 5.

3. The plaintiff's case, in the plaint, may be briefly stated as under:

4. In respect of a house, bearing Old Municipal No. 1759, New Municipal No. 1316, City Survey No. 2158, and, old Municipal No. 1760, new Municipal No. 1316 and City Survey No.2l59, situate at North Kasba Peth, Sholapur City, a mortgage was executed by the husband of defendant No.1, Laxman Nagu and defendants Nos. 2 to 5 under a registered mortgage-deed, dated February 20, 1943, and registered on February 23, 1943, for a sum of Rs. 5,500.

5. Under the mortgage-deed interest at the rate





























































































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