(1.) This is an appeal preferred in the pauper form against the decree and judgment of the learned Subordinate Judge of Ootacamund in O. S. No. 17 of 1946.
(2.) The facts are : In 1928 the second defendant Mohamed Elias Sait entered into a partition arrangement with four other descendants of one Hajee Abdul Rahiman and the registration copy of the partition deed is Ex. P. 2. This partition deed mentions three earlier family arrangements of the years 1918, 1919 and 1921. In this partition of 1928 items 2 to 7 and 9 to 11 of the plaint schedule were got allotted to the share of the second defendant. This second defendant subsequently acquired items 1 and 8 from his brother Hajee Mohammad Ibrahim Sait.
(3.) On 5-12-1929 the second defendant executed a mortgage deed hypothecating items 1 to 9 in favour of the first defendant company, the Provident Investment Co., Ltd., Bombay, and borrowed Rs. 1,50,000. This mortgage was executed and registered in Bombay. The registration copy of the mortgage deed is Ex. P. 1. On 4-10-1930 the Provident Investment Co., Ltd., to protect their interests further took a release deed in respect of the items of hypotheca from the four other members of the family who were parties to the partition arrangement of 1928. This release deed is Ex. D. 2 and it recites that the properties mortgaged belonged to the second defendant and that those four persons had no right in any portion of the same.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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