Mumbai Court August 1959 Judgments
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Namdeo Ganuji MaraThe Vs. Gangadhar Govind Joshi
Court: Mumbai
Decided on: Aug-05-1959
Reported in: (1960)62BOMLR63
Kotval, J.1. This second appeal raises a somewhat difficult question as to the interpretation of Section 183 of the Berar Land Revenue Code and to what extent it is affected by the provisions of Section 13 of the Central Provinces and Berar Relief of Indebtedness Act, (XIV of 1939). So far as we have been able to ascertain, the question is not covered by authority and it is for this reason that my learned brother Badkas J. referred the appeal for decision by a Division Bench.2. The facts in the case are not seriously in dispute. Respondent No. 2 Kisan and one Dhondu owned field No. 152/4.' On April 17, 1937, both these persons mortgaged the field, survey No. 152/4, along with two other fields to respondent No. 1 Gangadhar. It is not in dispute and was admitted before us on behalf of both the parties that of the total land thus mortgaged survey No. 152/4 which is the subject-matter of the present suit for pre-emption forms roughly half the land.3. The mortgage dated April 17, 1937, was ...
Madanlal Mulchand Soni Vs. Shaikh Mahibub Yakub
Court: Mumbai
Decided on: Aug-04-1959
Reported in: (1959)61BOMLR1607
Gokhale, J.1. [His Lordship after stating the facts of the case as above, proceeded.] Now the first point which arises in this revision application is whether the learned Judge's view, that the decree in Civil Suit No. 691 of 1950 was a nullity in view of Section 51-A of the Bombay Agricultural Debtors Relief Act is right. It has been already mentioned that this point about the bar of Section 51-A was not specifically urged on behalf of the plaintiff in the trial Court but was urged for the first time in the lower Appellate Court. Under Section 51-A of the Bombay Agricultural Debtors Relief Act, which will hereafter be referred to as the Act, in so far as it is material-.no civil Court shall entertain or proceed with any suit or proceeding in respect of-(i) any matter pending before the Court under this Act, or(ii) the validity of any procedure or the legality of any award, order or decision of the Board established under Section 4 of the repealed Act, or of the Court, or(iii) the reco...
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