Mumbai Court August 1886 Judgments

Khushal Panachand Vs. Bhimabai

Court: Mumbai

Reported in: (1888)ILR12Bom589

Charles Sargent, C.J.1. The plaintiff in this case sued to redeem certain property mortgaged by her deceased husband, Annaji, to one Khushal. The defendant pleaded that the plaintiff was not an agriculturist, and that she had no right to redeem the mortgage, as her husband's interest had been bought by him at an auction-sale, in execution of a decree obtained by one Ladhaji against her husband. The Subordinate Judge found the plaintiff was an agriculturist, and that the defendant, not having a certificate of sale, had failed to prove his title, and directed a commission to take the mortgage accounts.2. On the 24th June, 1884, the defendant applied for a review of the judgment on the second issue, on the ground that he had since discovered his certificate. This was granted by the Subordinate Judge on the 2nd July, 1884; but, on review, judgment on the issue was confirmed, the Court holding that as the certificate produced was unregistered, it could not be given in evidence.3. On the 7th...