Mumbai Court January 1942 Judgments
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Mahadevappa Somappa Bhusaraddi Vs. Dharmappa Sanna Ningappa Bhusaraddi
Court: Mumbai
Decided on: Jan-15-1942
Reported in: AIR1942Bom322; (1942)44BOMLR710
Sen, J.1. This was a suit by the plaintiff-appellant for a declaration that he was the validly adopted son of Somappa, the deceased husband of defendant No. 2. The part of his case with which we are now concerned is as follows. Somappa and Basavanneppa were two brothers in a joint Hindu, family. Both of them died in December, 1911, Basavanneppa dying unmarried and Somappa leaving behind him his widow Dyamavva, defendant No. 2. Defendant No. 2 adopted the plaintiff on October 3, 1927, and there was an adoption deed which was registered a few days later. In suit No. 50 of 1928 brought by defendant No. 1, who is a distant agnate of Somappa, there was a compromise decree to the effect that the adoption was null and void, the reason for such compromise being that under the law of adoption as understood then defendant No. 2 had no power to adopt without the authority of her husband or the consent of his undivided coparceners, and that no evidence was available to show that defendant No. 2 ha...
Amardas Mangaldas Sadhu Vs. Harmanbhai Jethabhai Patel
Court: Mumbai
Decided on: Jan-14-1942
Reported in: AIR1942Bom291; (1942)44BOMLR643
Broomfield, J.1. This is an appeal by some of the defendants, three out of four, against the preliminary decree in a suit filed by the respondents and others as relaters under Section 92 of the Civil Procedure Code in respect of a temple at Boriavi in the Kaira district and properties alleged to appertain thereto.2. The principal allegations in the plaint, which it is necessary to set out rather fully, are as follows. The temple known as the temple of Shri Gopalji Maharaj (Gopalji I may say is one of the names of Krishna) in the village of Boriavi, taluka Anand, was built by the village people for the spiritual benefit of the Hindu community. It is about 200 or 300 years old. The idol of Shri Gopalji has been consecrated and is the owner of the properties attached to the temple. Every Hindu has a legal right to take part in the worship. Gifts have been made to the temple in the shape of lands, corn, money, etc., and the income derived there from has been devoted to the worship of the d...
Rama Sankayya Hegde Vs. Mahadeva Anant Bhatta
Court: Mumbai
Decided on: Jan-09-1942
Reported in: AIR1942Bom278; (1942)44BOMLR597
N.J. Wadia, J.1. Appellant No. 1 and his father had mortgaged certain lands to the predecessor-in-title of the respondent in 1906. On the same day on which the mortgage deed was passed the father passed a registered rent note to the mortgagee and took possession of the lands agreeing to give a certain quantity of rice by way of rent and to pay the assessment. The mortgage was in favour of one Dattatraya Dixit. In 1912 the mortgage rights were transferred to one Ganpati Bhatta who in his turn transferred them to the present defendant in 1919. Rent according to the terms of the rent note was paid up till 1932-33. It fell into arrears in 1933 and the defendant made an application for assistance under Section 86 of the Bombay Land Revenue Code to the Collector. The Collector made an order in his favour for recovery of the rent and under that order the appellants' equity of redemption was sold under the provisions of the Bombay Land Revenue Code and was purchased by the defendant mortgagee ...
Gordhandas Ranchhoddas Vs. Ishvarbhai Chhanalal
Court: Mumbai
Decided on: Jan-07-1942
Reported in: AIR1942Bom306; (1942)44BOMLR638
Wassoodew, J.1. This is a second appeal from a decision of the learned Assistant Judge of Ahmedabad. The facts giving rise to this appeal, so far as a statement thereof is necessary for the present purpose, may be shortly stated. In execution of a money decree a house site with a partially completed building standing thereon was sold by the Court on August 11 1936. The highest bid of Rs. 4,525 was offered by the appellant Gordhandas. The sale was subject to a charge on the property in the sum of Rs. 2,500. That highest bid was accepted by the Court and the auction purchaser made the deposit of the entire sum forthwith. The confirmation of the sale was delayed owing to certain applications by another holder of a decree against the judgment-debtor and also by the latter to set aside the sale. While the proceedings under those applications were pending in or about June, 1937, owing to a violent storm and heavy rainfall the stability of the half completed building was endangered and the mu...
Vishvanath Haibatrao Deshpande Vs. Ranganath Dhondo Deshpande
Court: Mumbai
Decided on: Jan-05-1942
Reported in: AIR1942Bom268; (1942)44BOMLR534
Broomfield, J.1. This is an appeal under the Letters Patent from a decision of Mr. Justice Wassoodew.2. The appellant, who was defendant No. 1 in the Courts below, is the inamdar of the village of Nevare in the Sholapur district. On November 4, 1918,. his father, who was then inamdar, executed a document, exhibit 39, by which he purported to grant to the plaintiffs a perpetual tenancy of certain land in the village on condition that they were to pay the assessment and local fund. It is not disputed that the terms of this document are such that they would! create a permanent tenancy, but unfortunately it was not registered and therefore under Section 49 of the Indian Registration Act, 1908, it cannot affect the property or be received as evidence of any transaction affecting the property. The plaintiffs, however, entered upon the land by reason of this document and held possession under it until 1936 when the appellant forcibly dispossessed them. They then sued to recover possession and...
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