Court : Mumbai
Decided on : Mar-18-1930
Reported in : AIR1930Bom401; (1930)32BOMLR933
Mirza, J.1. The appellants in this Letters Patent Appeal were the original defendants in Regular Civil Suit No. 6 of 1926 brought against them by the respondent, the original plaintiff, in the Court of the Second Class Subordinate Judge, at Panvel. The plaintiff prayed that an account may be taken from the defendants of the income of a certain property which had been mortgaged by the grandfather of the plaintiff to one Ibrahim walad Badruddin Mukhari since deceased who was the grandfather of defendants Nos. 1, 2 and 3 and the father of defendant No. 4. The plaintiff also prayed that the defendants may be ordered to give possession of the mortgaged property to him, or in the alternative, if for any reason the possession of the mortgaged property cannot now be given by the defendants to the plaintiff, the defendants may be ordered to pay to the plaintiff the market value of the property. The defendants by their written statement and a further supplemental written statement raised a conte...
Tag this Judgment!