Vasudbv B. Pandit Vs. Narayan V. Joshi - Court Judgment

Excerpt:
dekkhan agriculturists' reliefact, xvii of 1879, sections 13, 41, 43, 44 and 46 - amicable settlement--finally disposing of the matter--instalment. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have recorded that the he had given all his shares to her - will was not only unnatural but.....charles sargent, c.j.1. we think the agreement in question is one within the contemplation of section 44 of the dekkhan relief act of 1679. a comparison of the sections 41,43,44 and 46 of chapter vi leads us to the conclusion that the expression 'finally disposing of the matter' in sections 43 and 44 means no more than the expression 'amicable settlement' in sections 41 and 46; and it would be impossible, we think, not to hold that an arrangement which provides for a plaintiff's claim to be paid the mortgage debt at once or to have the property sold, being settled by an agreement for the payment. of the debt in ten annual instalments with power to plaintiff in default of payment of any instalment to take possession and retain possession, until the debt has been satisfied out of the.....