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BOSE, HIDAYATULLAH
GANGARAM RAMACHANDRA – Appellant
Versus
BUTRUSAO – Respondent
Bose, Hidayatullah, J—This is an appeal by deft. 4 Gangaram. It arises out of a suit for possession of three houses which belonged to a joint family whose genealogy is given below.
2. The plff. claims title on two scores. First he claims 14 annas 8 pies under a sale in execution of a mortgage decree against all the family except deft. 4 Gangaram whose share was excluded, & secondly 2 annas 8 pies in execution of a money decree against Thama & Ramchandrathe father of deft. 4.. There is an overlap of 1 anna but between the two the plff. claims title to the entire 16 annas. Deft. 4 Gangaram alone contests & the main question in the appeal relates to the extent of his share, whether 1 anna 4 pies, as the plff. says, or 2 annas as deft. 4 contends.
3. The details of the plff.'s two titles are as under. First, as regards the 14 annas 8 pies. A mortgage was executed in favour of the plff. & other members of his family on the 27th May 1921 by Narayan, Thama, Vithoba, Ramchandra & deft. 4 Gangaram. The last of these, Gangaram, was a minor & was represented by his father Ramchandra. This mtge. is Ex. P-1.
4. In due course the plff. sued on his mtge.C. S. No. 49/29.. He joined all his mo
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