Mumbai Court April 1937 Judgments
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Tribhovandas Motilal Vs. Bhikhubhai Ravchand
Court: Mumbai
Decided on: Apr-05-1937
Reported in: AIR1937Bom477; (1937)39BOMLR666
John Beaumont, Kt., C.J.1. This is an appeal from a decision of Mr. Justice Kania which raises a question as to the title to the proceeds of a card held by a deceased member in the Bombay Native Share and Stock Brokers' Association. The member in question was one Dipchand, who died in the year 1918, and it is admitted for the purposes of this appeal that under his will his widow Parsanbai was entitled to the income of the estate for her life, and after her death it passed to the plaintiffs as the heirs of their brother Rasiklal, who was the beneficiary named in the testator's will. But the plaintiffs are not the heirs-at-law of the testator. After the death of the testator his widow applied to the Bombay Native Share and Stock Brokers' Association to allow the testator's card to be sold to one Nansi Monji. The Association in reply asked her certain questions, amongst others, what was her title to the card, and she replied that under the will of the testator she was his sole heir. That ...
isap Bapuji Amiji Vs. Umarji Abhram Adam
Court: Mumbai
Decided on: Apr-02-1937
Reported in: AIR1938Bom115; (1937)39BOMLR1309
N.J. Wadia, J.1. The suit from which this appeal arises was brought by the appellant to recover a sum of Rs. 5,998 as principal and Rs. 4,001 as interest from the suit property. His case was that the property in suit had been gifted to him by one Mahamad Asmal by a gift-deed on April 3, 1919. Prior to the gift-deed, there had been two mortgages in connection with the property : on March 14, 1918, part of the property had been mortgaged by Mahamad Asmal to the plaintiff himself for Rs. 999, and on November 29, 1918, the whole of the suit property was mortgaged by Mahamad Asmal to one Darasha for Rs. 4,999. The mortgage to Darasha provided that the mortgagee should pay off the prior mortgage of Rs. 999 to the plaintiff. One day prior to the passing of the gift-deed, on April 2, 1919, the mortgage to Darasha was paid off. On the mortgage-deed (exhibit 32) there is an endorsement that Isap Bapuji (the present plaintiff) had on that day (April 2, 1919) paid Rs. 4,999 on behalf of the mortga...
Mahadev Balkrishna Arekar Vs. the District Deputy Collector
Court: Mumbai
Decided on: Apr-02-1937
Reported in: AIR1938Bom325; (1938)40BOMLR432
Rangnekar, J.1. This appeal arises out of proceedings under the Land Acquisition Act, and it appears from the evidence in the case that the village of Sawla, taluka Mawal, was notified for acquisition under the Act for Andhra Valley Power Supply under Government Notifications No. 2904, dated August 3, 1920, and No. 2984, dated October 10, 1920, The village was granted in inam originally to one Damodar Gopal Karve. The sanad granted to the Karves by the Inam Commission inter alia provides that the inam is to continue in the family so long as there may be in existence descendants of the original grantee in the male line. The grant was of the entire village with the exception of hakdars, kadim inamdars and the mokasa ammal.2. Before this sanad the village had been entered as an inam in the Government records in the name of the father of the said Damodar. This apparently was done under a sanad to the family by the Peshwas, and this sanad showed that the grant was of the soil to be continue...
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