Mumbai Court July 1886 Judgments

Nanabhai Ganpatrav Dhairyavan and anr. Vs. Achratbai and ors.

Court: Mumbai

Reported in: (1888)ILR12Bom122

Farran, J.1. By an indenture of mortgage bearing date the 2nd June, 1879, the third defendant Ganpatrav Pandurang mortgaged two properties--one at Vithalvadi and the other at Parel-to the first and second defendants, to secure re-payment of the sum of Rs. 12,500, with interest thereon at the rate of 12 per cent, per annum. The first and second defendants, Achratbai and Narrandas Nathubhai, made some abortive attempt to sell the mortgaged properties, and ultimately bought them in the name of Purshotam Narottam, the sixth defendant.2. The plaintiffs, Nanabhai Ganpatrav and Balji Ganpatrav, the sons of the third defendant Ganpatrav Pandurang, have filed the present suit, praying, in effect, that it may be declared that the mortgaged premises are ancestral in the hands of their father Ganpatrav Pandurang, and that the plaintiffs are equally interested with him therein; and further, (alleging that Ganpatrav Pandurang is colluding with the mortgagees, and that the properties are in danger of...