Mumbai Court January 1879 Judgments

Dadoba and ors. Vs. Krishna and ors.

Court: Mumbai

Reported in: (1883)ILR7Bom34

West, J.1. The possession of Bhai, whether as a physical act it commenced before the death or only on the death of Balaji, was, on Balaji's death, held consistently with and in fulfillment of the agreement (No. 11). By that document Balaji, in consideration of three persons, Bhai, Ragunath and Shamji, undertaking or having undertaken to provide for him and to perform his obsequies, conveys to them the whole of his property to vest immediately on his own death with a conditional right to assume possession forthwith if they will pay off his debts. Reference is made in the document to another where by the three donees had entered into the engagement to provide for Balaji, and thus that other document, exhibit No. 75, is embodied by reference in exhibit No. 11 for the purpose of showing what the precise consideration for No. 11 was. It might have been set forth at length in the document No. 11 itself, and no sum is sought to be recovered on it as an agreement or constitution of any title a...