Mumbai Court August 1887 Judgments

Khurshetbibi and ors. Vs. Keso Vinayek

Court: Mumbai

Reported in: (1888)ILR12Bom101

Charles Sargent, C.J.1. The plaintiff was the purchaser at auction sale in execution of a decree on a bond against 'Khatiza, deceased, represented by her minor son represented by his guardian.' The certificate of sale purports to convey to the plaintiff, in execution of the above decree, the thereunder written property in possession of Sharifabibi, grandmother and guardian of the minor-the property being subsequently described as the right, title, and interest of Khatizabibi, described as the deceased defendant, in the 3 annas 6 pies' share in the khoti. As no part of the produce of the khoti was in actual possession of either of the heirs of the deceased Khatizabibi, the latter part of the description of the property may, we think, having regard to the form of the suit, be disregarded as falsa demonstration, and not as intended to restrict the property sold to the minor's share. The purchaser would, therefore, be justified in assuming that he was bidding for the entirety of Khatizabib...