RAMRAO SHAMRAO AND vs DATTADAYAL BISHANDAYAL

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1946 Supreme(Nagpur) 88

RAMRAO SHAMRAO AND – Appellant
Versus
DATTADAYAL BISHANDAYAL – Respondent

JUDGMENT

1. This is an appeal by defendants 5 to 9 in a suit on a mortgage dated 11-1-1921 (Ex. P-3) for Rs. 30,000 executed by three brothers Shamrao, Govindrao and Shankar. Of these Shankar was a minor and was represented by his eldest brother Shamrao who acted as his guardian. The mortgage was in favour of defendant 1. On 24-4-1934 he and his sons assigned it to the plaintiffs and the plaintiffs sue on it.

2. The following genealogical tree will show the relationship between the defendants, or rather those with whom we are concerned in this appeal.

JHANABAPU = Parbatibai _______________ |_________________ | | | Shamrao=Saraswati Govindrao Shankar (Defendant 4) (Defendant 5) (Defendant 6 _______|_______ ______|___________ W. Nanibai.) | | | | Ramrao Ganeshrao Vyankatrao Manekrao (Deft. 6) (Deft. 7) (Deft. 8) (Deft. 9.)

Defendants 4 and 5, Shamrao and Govindrao are dead and are represented by. their respective sons who were already on the record. Defendant 6 Shankar is also dead and is represented by his widow Mt. Nanibai.

3. The defence to the action is considered in stages. We will deal first with Shankar's position. He was a minor at the date of the mortgage. The lower appellate Co