Mumbai Court July 1926 Judgments

Jivangiri Guru Chamelgiri and anr. Vs. Gajanan Narayan Patkar and anr.

Court: Mumbai

Reported in: AIR1927Bom19

Fawcett, J.1. These are two applications for leave to appeal to the Privy Council and a third application to consolidate the two appeals. The litigation arose out of a sale deed executed on March 2, 1897, by four persons, each of whom took a separate document by which he was given an option of re-purchase. The plaintiff was one of these four persons and he brought a suit for specific performance of the agreement evidenced by the document passed in his favour. He also brought a separate suit as heir of one of the other parties, in whose favour a similar document had been passed. The trial Judge held in the latter suit that he had not proved his heirship and, there fore, dismissed that suit. In the other suit a decree was passed in favour of the plaintiff for specific performance. One of the main questions in the suit was whether the document sued upon was inadmissible in evidence for want of registratior. The Subordinate Judge held that it was admissible in evidence. On appeal to this C...