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1952 Supreme(Bom) 102

GAJENDRAGADKAR, CHAINANI
Hubli Panjarapole – Appellant
Versus
Saraswatevva Bayappa Kala Ghatki – Respondent


Advocates:
B.M. Kalagate, for Appellants; P. V. Vaze for Respondent.

Judgement

GAJENDRAGADKAR, J. :- This is an appeal by defendants 1 and 9 to 12 against the decree passed by the Civil Judge (S.D.), Hubli, directing them to deliver possession of the properties in suit to the plaintiff. The plaintiff is the daughter of Rayappa and her case was that after the death of her mother Chandawa she was entitled to the properties in suit. These properties are two fields S.Nos.42 and 43 situated at Agrahar Timasagar and a house. These properties belonged to Rayappa who died leaving behind him three sons and four daughterS.The last surviving son was Chandrappa. He died a minor. During, his minority Rayappas widow Chandawa alienated these properties as guardian of her minor son. On 25-9-1900, she mortgaged all the three properties to Tejappa for Rs.1,000. The interest agreed to be paid was 18 per cent, per annum and the period stipulated for repayment was six months. On 18-5-1904, Chandawa sold the two lands to Tejappa for Rs.1,000 and in consequence the house which had been mortgaged by her along with the lands was released from mortgage. It appears that some time before the sale-deed was executed Chandrappa had died by plague. On 29-7-1905, Tejappa made a gift













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