KASHINATH BHASKAR DATAR Vs. BHASKAR VISHWESHWAR KARVE

JUDGEMENT

(1.) THIS is a defendant's appeal in a suit on two mortgages. The first was executed on April 7, 1931, by the defendant and his father. The second was dated December 17, 1935, and was executed by the defendant alone. The first was for a sum of Rs. 9,500, the second for Rs. 3,500. The same property was mortgaged each time. The claim on the two deeds together was for Rs. 20,774 -3 -0.

(2.) THESE mortgages were in favour of one Narayan Gopal Sathe. On March 28,1940, the mortgagee assigned them both to the plaintiff who now sues on them.

(3.) THE agreement came about in this fashion. The mortgagee, Narayan Sathe, was appointed receiver of two cinemas in Poona. The Court appointing him required him to produce a surety in the sum of Rs. 10,000. The defendant agreed to undertake this responsibility and as a consideration for that the mortgagee executed the agreement in question. The portions of the document relevant for the present purpose are as follows. The mortgages are there described as the 'transactions of give and take.'