Mumbai Court February 1935 Judgments
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Maqbul Ahmad Vs. Onkar Pratap NaraIn Singh
Court: Mumbai
Decided on: Feb-07-1935
Reported in: (1935)37BOMLR533
Tomlin, J.1. This is an appeal from a decree of the High Court of Judicature at Allahabad dated May 6, 1929, by which a decree dated April 29, 1924, made by the Subordinate Judge at Basti was affirmed. The decree of the Subordinate Judge had dismissed the application of the decree-holder in a mortgage suit to have the preliminary decree in the suit made absolute. The present appeal is brought by representatives of the decree-holder, since deceased, complaining of the decrees to which reference has been made.2. The facts of the case are shortly these. A preliminary mortgage decree was obtained on May 7, 1917, which was amended in some respects, not material to be particularised, on May 22, 1917.3. There were a number of mortgagors interested in different. villages comprised in the mortgage, and some of them appealed to the High Court against the preliminary decree. There were in fact two such appeals. One appeal succeeded, with the result that certain villages were excluded from the dec...
Hemraj Dattubuva Mahnubhao Vs. Nathu Ramu Mahajan
Court: Mumbai
Decided on: Feb-01-1935
Reported in: AIR1935Bom295; (1935)37BOMLR427; 157Ind.Cas.406
John Beaumont, Kt., C.J.1. This is a second appeal from a decision of the District Judge of East Khandesh and it was referred to a full bench because it raises a question on which there is a conflict of authority. The appeal relates to the validity of a sale of immoveable property by the guardian of a minor. It is agreed that such a sale may be made for necessity or the benefit of the estate, and the question is what is meant by the expression ' benefit of the estate '.' The rival views are expressed very clearly in Sir Dinshah Mulla's book on Hindu Law in paragraph 243A in which he refers to the conflict of authority and says :-One view is that a transaction cannot be said to be for the benefit of the estate, unless it is of a defensive character calculated to protect the estate from some threatened danger or destruction. Another view is that for a transaction to be for the benefit of the estate it is sufficient if it is such as a prudent owner, or rather a trustee, would have carried...
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