SYED BISMILLA vs MANULAL CHABILDAS - 1930 Supreme(Nagpur) 113

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(Nagpur) 113

SUBHEDAR
SYED BISMILLA – Appellant
Versus
MANULAL CHABILDAS – Respondent

JUDGMENT

Subhedar, A J C—The facts necessary for the disposal of this appeal are shortly these: On 15th April 1912 the defendant borrowed Rs. 1,000 from the father of the plaintiffs and executed a mortgage by conditional sale in his favour: the-mortgage property consisted of four fields Nos. 39/1, 42, 43 and 41/1 of Mauza. Paras. Subsequently, on 11th August. 1913, he again borrowed Rs. 500 and executed another mortgage deed by conditional sale; the mortgage property in-this transaction being only one field of the same village which bore No. 34/3. The plaintiffs brought a suit to enforce' both these mortgages.

2. Various pleas were raised in defence,, the most important one however being, that both the mortgages were void because at the date of the mortgages the whole of the mortgage property belonged exclusively to the defendant's mother in which he had only a spes succession is; and that the plaintiff's father had knowledge of this flaw in the plaintiff's title, but on account of false representations, got the mortgages executed. It may bet noted that at the time when the present-suit was brought the defendant's mother had died and the defendant had succeeded, to three out of the f