Mumbai Court October 1948 Judgments

Narayan Rajaram Vs. Prabhakar Keshav and anr.

Court: Mumbai

Reported in: AIR1951Bom345; (1950)52BOMLR830; ILR1951Bom108

Chagla, C.J.1. The facts leading up to this appeal may be briefly stated: One Keshav Bhangale, father of defendant 1 and the husband of defendant 2 executed a promissory note on 5-6-1941, in favour of one Krishnaji Amrit Kulkarni, with whose shop Keshav had dealings. On 1-6-1942, Krishnaji endorsed the said promissory note in favour of the plaintiff. Keshav died on 19 9-1941. At the time of his death, Keshav was the manager of the joint family consisting of himself and his minor son defendant 1. The plaintiff filed a suit to recover the amount due on the promissory note and made the son and the widow of Keshav as also the three brothers of Keshav as party defendants, on the allegation that Keshav and his three brothers and his son constituted a joint and undivided Hindu family. The learned Judge held that the three brothers were not joint with Keshav and he passed a decree in favour of the plaintiff only against the son and the widow of Keshav, but limited the decree to the separate pr...