CHHAGANLAL KESHAVLAL MEHTA Vs. PATEL NARANDAS HARIBHAI

JUDGEMENT

(1.) The present appeal by certificate is directed against the judgment of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.6 of 1966 dated the 18th of February, 1970 decreeing the suit for redemption.

(2.) The property in dispute, situated in Baroda City, originally belonged to Motibhai Bapubhai Shibandi Baxi (for short Motibhai). He created a mortgage with possession of the disputed property in favour of one Nanaji Balwant Pilkhanewala. (for short Nanaji) in 1871 for a sum of Rs. 800. In 1890 a second mortgage was created in favour of the same mortgagee and the amount secured by this second mortgage was Rs. 375. Somewhere between 1890 and 1912 the original mortgagee Nanaji died leaving behind his two sons Hari and Purshottam as his heirs and legal representatives. The two sons of Nanaji sold the entire mortgage rights and interest to one Ganpatram Mugutram Vyas (for short Ganpatram) on 4th of July, 1912. Ganpatram in his turn sold the mortgagee rights in a part of the mortgaged property, viz., common latrine, to one Vamanrao Laxmanrao Nirkhe (for short Vamanrao).

(3.) Ganpatram died and his son Chhotalal Ganpatram (for short Chhotalal) sold away his rights as a mortgagee in possession in respect of the rest of the properties which still remained with him, to Chhaganlal Keshavlal Mehta (for short Chhaganlal Mehta).