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1973 Supreme(Guj) 82

P.D.DESAI
MAGANLAL CHHOTALAL CHHATRAPATI – Appellant
Versus
BHALCHANDRA CHHAGANLAL SHAH – Respondent


Advocates Appeared: G.A.MEHTA, J.U.MEHTA, R.M.VIN

P. D. DESAI, J.

( 1 ) IN the town of Jambusar there is a piece or parcel of open land (building site) bearing City Survey No. 4013 admeasuring 24 square yards. This piece or parcel of land will be referred to as the suit land or mortgaged property in the course of this Judgment. One Bai Mani widow of Vishnushanker Bhavanishanker was the original owner of this property. There was some dispute between the parties as to how Bai Mani acquired title over this property. The contention of the respondent-plaintiff was that the property was bequeathed to her by her husband under his will dated April 19 1893 This version put forward on behalf of the respondent-plaintiff has however not been accepted by the lower appellate Court which has found that Bai Mani had in fact purchased the same from Jagmohandas Jugaldas and another by a registered sale deed dated November 10 1905 (Ex. 52 ). It appears that Bai Mani mortgaged the suit property to one Chhotalal Mathurdas Chhatrapati by a registered document dated January 4 1909 for securing a debt of Rs. 61. 00. It was a mortgage with possession for a period of 199 years. The first appellant is the son and the second and the third appellants are the g




















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