Mumbai Court January 1939 Judgments

Wasudev Vishnu Deshpande Vs. Pandu Vithu Yadav

Court: Mumbai

Reported in: AIR1939Bom369; (1939)41BOMLR578

Lokur, J.1. This is an appeal from a decree passed by the First Class Subordinate Judge of Satara, dismissing the appellant's suit on the preliminary ground that it is barred under the third paragraph of Section 4(a) of the Bombay Revenue Jurisdiction Act, 1876.2. The land in suit, survey No. 475, is Deshpande watan land belonging to the appellant's family. The appellant's father Vishnu mortgaged the middle half of the land with possession to the defendants' ancestor Subhana for Rs. 300 in 1868. Subsequently in 1877 Vishnu passed a miraspatra in favour of the mortgagee in consideration of a premium of Rs. 500 which was made up of Rs, 300 due under the mortgage of 1868 and Rs. 200 paid in cash. The remaining half portion of the land was subsequently mortgaged by the plaintiff's father to the defendants' ancestors in 1891 for Rs. 1,600, and thus the defendants' family came to be in possession of the entire survey number. Vishnu having died in 1922, and the defendants being strangers to t...