MAHIBUB USMAN Vs. VITHAL SAKHARAM

JUDGEMENT

(1.) ON the death of Sakharam Gadade, his widow Savitra inherited his property. On 12 July, 1929, Savitra executed a deed of mortgage to secure repayment of Rs. 2,000 in favour of one Dhondi Imam mortgaging some lands including Survey Nos. 27, 85, 85/1, 85/3, 5s/1 and 56/3 inherited by he: from her husband. The period of the mortgage was 5 years. Savitra then adopted Vithal (who was a minor) as a. son to her deceased husband. Savitra" died some time thereafter. After the death of Savitra, Vithal sold the mortgaged lands to one Ramrao Awate who is respondent No. 2 in this second appeal. The plaintiff as an assignee of the rights ot the mortgagee Dhondi Imam filed suit No. 593 of 1946 in the Court of the Civil Judge (Junior Division) at Barsi against Vithal, Ramrao Awate and others for enforcement of the mortgage dated 12 July 1929, and claimed a decree for Us. 4,000.

(2.) VITHAL by his written statement denied knowledge of the mortgage and of the consideration thereof. He also contended that Awate had agreed to pay off the mortgage debt due to the plaintiff. Awate contended that the mortgage was 'bogus' and was not binding upon Vithal and consequently it was not binding upon him, and that in any case was not supported by legal necessity.

(3.) THE trial Court held that the mortgage was genuine and for full consideration and was executed for legal necessity. The learned trial Judge accordingly passed the usual preliminary mortgage decree declaring that the amount due on the mortgage was Rs. 4,000.