Mumbai Court September 1932 Judgments

Ramchandra Atmaram Khanolkar Vs. Tukaram Nana Nikte

Court: Mumbai

Reported in: AIR1933Bom374; (1933)35BOMLR715; 145Ind.Cas.563

Wadia, J.1. Plaintiff is the transferee of a mortgage of certain immoveable properties situate at Brahmapuri in the Pandharpur taluka of the Sholapur District which was executed by defendant No. 1, as manager of a joint Hindu family, for Rs. 4,917-10-0, and has brought this suit against the defendants to enforce the mortgage security. Plaintiff prays (a) for a decree for the amount and the interest due thereon and the costs of the suit, (b) in default of payment, for sale of the mortgaged properties, and (c) for a personal decree in the event of a deficiency. Defendant No. 1 has put in his written statement contending that he is an agriculturist, and that the Court has no jurisdiction in respect of prayers (a) and (c) of the plaint. By an order dated March 18, 1931, the suit was ordered to be placed on board for trial of issues whether defendant No. 1 is an agriculturist within the meaning of Section 2(1) of the Dekkhan Agriculturists' Relief Act. Section 2(7) provides that an agricult...