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1939 Supreme(Nagpur) 69

ATMARAMSAO KHEDURAMSAO – Appellant
Versus
BHUPENDRANATH SOBHARAM – Respondent


JUDGMENT

1. The appellants are plaintiffs in a mortgage suit. The mortgage was effected over a eight annas' share of a village called Risda. The mortgagor was one Brijlal and the subject of mortgage is expressed as follows: ''I mortgage without possession my eight annas' share of Mouza Risda, Tahsil Baloda Bazar, District Raipur'' and then are added the various rights and privileges mortgaged connected with that eight annas share. The date of the mortgage is 15th August 1922. At that date the mortgagor was a member of a joint Hindu family which was disrupted by partition in 1923. The defendants to the present suit comprise both branches of that joint family, the one branch being headed at all material times by Brijlal who since this suit was brought has died leaving behind him two major and one minor sons and the other by Sheodutt and comprising his grandson and his (Sheodutt's) sons two of whom are majors and one a minor at the time of suit which was brought in 1934. Sheodutt's branch whom we shall refer to as the non-mortgaging coparceners, are sued as the persons primarily responsible for this mortgage debt for the following reasons: By the partition the family properties, which






















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