Mumbai Court January 1877 Judgments
Mancherji Kawasji Davur and anr. Vs. Mithibai
Court: Mumbai
Decided on: Jan-27-1877
Reported in: (1877)ILR1Bom506
Green, J.1. The question for decision here is as to the correctness of the report of the Assistant Commissioner of this Court, dated the 12th December 1876, that Awabai, the widow of one Naserwanji Kawasji Davur (one of the sons of Kawasji Nanabhai Davur, the intestate in the cause), is not entitled to any share in the property of the said intestate. The intestate died on the 22nd December 1873, leaving, as appears by the report, a widow Mithibai, two sons, Mancherji and Dorabji, the widow (Dinbai) and son (Rastamji) and daughter (Mithibai) of a son Kharsedji, who predeceased his father Nanabhai on the 8th June 1872, and three daughters, Serinbai, Dhunbai, and Jerbai. The said Mancherji, Dorabji, Kharsedji and Naserwanji were the sons, and the said Serinbai was the daughter of the intestate by his second wife, Motlibai; and the said Dhunbai and Jerbai were his daughters by his surviving wife and widow, the said Mithibai. The son Naserwanji died in the life-time of his father on the 28t...
Tag this Judgment!Satra Kumaji Vs. Visram Hasgavda
Court: Mumbai
Decided on: Jan-17-1877
Reported in: (1878)ILR2Bom97
Michael Westropp, C.J.1. The Court, following its own decision in Vasudev Moreshwar Gunpule v. Rama Babaji Dange 11 Bom. H.C. Rep. 149 and the Calcutta decision--Rohinee Debia v. Shib Chunder Chatterjee 15 Cal. W.R., 558, holds that the deed of assignment (Exhibit No. 4), being for a consideration less than Rs. 100, did not require registration. It may be that the parties to the original mortgage (Exhibit No. 3), valued the security and the solvency of the parties at Rs. 100 or upwards, but it does not thence follow that either or both were deemed of that value at the date of the assignment, and it was for the parties to that latter transaction, for the purposes of registration, to fix the value of the interest thereby assigned. This Court, therefore, reverses the decree of the District Judge and remands this cause for a new trial on the merits....
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