Mumbai Court February 1916 Judgments
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Dattatraya Sakharam Devli Vs. Govind Sambhaji Kulkarni and ors.
Court: Mumbai
Decided on: Feb-01-1916
Reported in: AIR1916Bom210; (1916)ILR40Bom429
Shah, J.1. The facts, which have given rise to this second appeal, are briefly these: One Mahadev and his brother, Sambhaji, were divided in interest. Mahadev died more than twenty years ago, leaving a widow Parvatibai, a son Ramchandra, and daughters. After Mahadev's death Ramchandra was given in adoption to a different family at Gwalior. The properties in suit, which were originally assigned to the share of Mahadev, and which were vested in Ramchandra alone after Mahadev's death, were mortgaged by Parvatibai in 1909 to one Dattatraya, long after Ramchandra's adoption. Dattatraya filed the present suit in the Court of the Second Class Subordinate Judge at Devgad to enforce his mortgage, to recover possession and to obtain an injunction. It was filed against Sambhaji's sons, who were defendants Nos. 1 and 2, and Parvatibai represented by her heirs and daughters as defendant No. 3. Defendants Nos. 1 and 2 contested the plaintiff's claim, and urged, among other things, that the property ...
ismail Allarakkhia Vs. Dattatraya R. Gandhi
Court: Mumbai
Decided on: Feb-01-1916
Reported in: AIR1916Bom209; (1916)ILR40Bom638
Basil Scott, C.J.1. Under the will of Louis Mary Valladares two of his three sons, namely, Joseph Francis and. Louis Mary, became entitled as tenants-in-common to equal moieties of the testator's house at Mazagaon. The third son Calisto was, by the will, given a right of residence in the house so long as he lived in harmony with his brothers and sisters.2. On the 13th of June 1914, Calisto fraudulently representing himself to be his brother Louis Mary and. so entitled to an equal moiety in the house purported to mortgage such moiety in favour of Abdul Latif Sumar.3. On the 10th of September 1914, Calisto again fraudulently representing himself to be his brother Louis Mary purported to create a second mortgage of the said moiety in favour of the defendant, Dattatraya R. Gandhi.4. Both the first and second mortgages were registered as Calisto fraudulently represented himself to be Louis Mary before the Sub-Registrar.5. On the 19th of July, Calisto again fraudulently representing himself ...
Dattatraya Sakharam Devli Vs. Govind Sambhaji Kulkarni
Court: Mumbai
Decided on: Feb-01-1916
Reported in: 34Ind.Cas.423
Shah, J.1. The facts, which have given rise to this second appeal, are briefly these. One Mahadev and his bother Sham-bhaji were divided in interest. Mahadev died more than twenty years ago, leaving a widow Parvatibai, a son Ramchandra, and daughters. After Mahadev's death Ramchandra was given in adoption to a different family at Gwalior. The properties in suit, which were originally assigned to the share of Mahadev and which were vested in Ramchandra alone after Mahadev's death, were mortgaged by Parvatibai in 1909 to one Dattatraya, long after Ramchandra's adoption. Dattatraya filed the present suit in the Court of the second class Subordinate Judge at Devgad to enforce his mortgage, to recover possession and to obtain an injunction. It was filed against Shambhaji's sons, who were defendants Nos. 1 and 2, and Parvatibai represented by her heir and daughter as defendant No. 3. Defendants Nos. 1 and 2 contested the plaintiff's claim, and urged, among other things, that the property bei...
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