Privy Council Court June 1941 Judgments

Appa Trimbak Deshpande and Another Vs. Waman Govind Deshpande and Othe ...

Court: Privy Council

Sir George Rankin: This appeal has been brought in forma pauperis by the plaintiff and defendant 4, who are brothers. No one has appeared at the hearing to represent the respondents but Mr. Parikh has presented the case for the appellants with great care and fairness. In the result their Lordships are of opinion that the case should be remanded upon two points and they will say only what seems necessary to explain the scope and purpose of the remand. In 1865 the appellants' grandfather Rangrao was given by his father Madhavrao to the widow of one Vishnu in adoption to her deceased husband. Madhavrao had two other sons, Anandrao and Govind, and by a deed dated 18th May 1868 to which the father and all three sons were parties the terms upon which the adoption had been made were expressed. A main term was to the effect that upon Madhavrao's death the total income from his ancestral immovables should be divided - not into thirds or shares of 5 as. 4 ps. - but in proportions as follows: to ...

Bhowanipur Banking Corporation, Ltd. Vs. Sreemati Durgesh Nandini Dass ...

Court: Privy Council

LORD ATKIN: This is an appeal from a decree of the High Court of Judicature in Bengal which reversed a decree of the Subordinate Judge in favour of the present appellants, the plaintiffs in the suit. The suit was to recover a sum due upon a mortgage bond executed by the respondent and for the usual relief in a mortgage suit in default of payment. The bond reciting that the husband of the mortgagor was indebted to the bank in the sum of Rs. 1,78,965 and that the mortgagor desired to reduce his debt by borrowing, money by mortgage of her own property, provided that the mortgagor borrowed from the bank Rs. 30,000 and mortgaged to them the immovable property there stated. The plaint alleged that no part of the principal or interest had been paid. The defendant by her written statement set up a number of defences such as that she was a pardanashin lady and was not fully advised of the nature of the bond, that she was coerced into executing it, that it was not duly executed or attested and t...

P.T. Krishnaswami Ayyangar Vs. Chevula Kamalamma and Others

Court: Privy Council

Reported in: AIR1941PC90

Lord Romer: Chevula Venkatasubbaya Chetti, now deceased, was the owner of two houses in Madras. For the sake of brevity they may be referred to as Nos. 60 and 68 respectively, and their owner as the testator. On 2nd June 1919, the testator executed a promissory note for Rs. 12,000 bearing interest at 9 per cent. per annum in favour of one Rangayya Chetti and deposited with him the title deeds of No. 60 as security. At the same time the testator executed a document headed "Collateral Security Bond", which recorded the fact of the deposit of the title deeds as collateral security in respect of the promissory note and then proceeded as follows : I shall therefore pay you the principal and interest accruing due on the said promissory note from this date in full, and redeem the said title deeds. To this effect is the collateral security bond executed by me with consent. This document was never registered. The testator died in the year 1920 having by his will appointed four executors of whom...