Mumbai Court April 1882 Judgments

Kanayalal Vs. Pyarabai Widow of Ramnarayan and ors.

Court: Mumbai

Reported in: (1883)ILR7Bom139

Melvill, J.1. The facts found proved by the Courts below are as follows:2. In 1840 the house in dispute was mortgaged by Kanayalal to Ramnarayan and his brother Chitramal. At a partition of the family property the mortgaged house fell to the share of Ramnarayan, whose widow, Pyarabai, sold it to the second defendant, Ladha, in 1868. Ladha re-sold it to the third defendant, Thakur, in 1871. The present suit is brought by Panalal, as Kanayalal's heir to redeem the mortgage.3. The authority of Ramji v. Chinto has not, as the District Judge supposes, been weakened, and any gahan lahan clause, which there may have been in the original mortgage, would not prevent the redemption. But the Courts below have found that the mortgage was foreclosed by a decree of Court in 1852. Unfortunately, this decree is not forthcoming: and the only evidence that such a decree was ever passed consists of a reference to a copy of the decree in a judgment passed by the Sadar Amin in another suit, and a statement...