MANGALMURTI, R.KAUSHALENDRA RAO
VINAYAK WAMANRAO THAKRE – Appellant
Versus
MAHAMMAD HANIF – Respondent
1. This is an appeal from a preliminary decree for sale on a mortgage dated 21-10-1926. The mortgage was executed by Mst. Chandrabhagahai who died during the pendency of the suit. She had thereby mortgaged to the Plaintiffs all the property that she had got by inheritance from her husband Manikrao who was indebted to the Plaintiff's father Abdul Gani. After the death of Manikrao in 1922 Abdul Gani filed a suit (Civil Suit No. 7 of 1923) against Manikrao's heir Chandrabhagabai for the recovery of that debt and obtained a decree on 4-9-1924 for Rs. 27060-8-6. In the execution of that decree Abdul Gani attached the entire property left behind by Manikrao consisting of his three 'malgulzari villages Jamgaon, Lakhanwada and Kalora and 'Khudkasht' fields and houses. Chandrabha-gabai thereupon executed the mortgage deed in suit in favour of the Plaintiffs-Respondents for the total sum due to the decree-holder Abdul Gani. All the property which was attached was mortgaged and even the cultivating rights in 'sir' land for which permission was obtained from the Deputy Commissioner. Afterwards on 24-3-1931 Chandrabhagabai surrendered all her rights in the mortgaged property in favour o
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