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1960 Supreme(Bom) 54

SHAH
Digambar Parshwanath Jain Mandir – Appellant
Versus
Valubai w/o. Revchand Mehta – Respondent


Advocates:
V.B. Rege, for Applicant; S.B. Sukhtankar, for Opponent

Judgement

JUDGMENT :- This is an application filed by the plaintiff against the order of the learned District Judge in an appeal filed by the defendant against the decree passed by the trial Court in favour of the plaintiff. The plaintiff who filed the suit to recover a sum of Rs. 144/- from the defendant alleged that under a compromise decree passed in a prior suit between the parties the defendant had made herself liable to pay over to the plaintiff all the income that was derived from the property in suit. The defendant, whose title to that property was declared in that compromise decree, resisted the plaintiffs suit on several grounds. The trial Court decided all the issues that were raised in the case in favour of the plaintiff and passed a decree for the amount that was claimed in the suit. It may be noted, however, that this suit was filed originally in the Small Causes Court at Sholapur, but later on by a Purshis signed by the pleaders of both the parties the suit was registered and tried as a regular suit. Against the decree passed by the trial Court an appeal was preferred by the defendant to the District Court at Sholapur. The learned Assistant Judge at Sholapur allowed t






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