HARIBHAU GUJANAN DESHPANDE Vs. RAMCHANDRA LAXMAN DAMODARE

JUDGEMENT

(1.) The above two appeals are directed against the judgment and decree dated January 31, 1966, passed by the Second Joint Civil Judge, Senior Division, Poona, in Special Civil Suit No. 52 of 1963.

(2.) The suit was filed on June 4, 1963, by the plaintiff respondents Nos. 1, 2 and 3 in First Appeal No. 2008 of 1966 to recover the amount of Rs. 18,925.31 by sale of the mortgaged property, as the said sum was, according to the plaintiffs, due under a mortgage deed executed by defendants Nos. 1 and 2, who are appellants Nos. 1 and 2 in the said appeal, and their grandfather (fathers father) Bhivrao Abaji Deshpande. The mortgage deed was executed as security for a debt of Rs. 14,000/-. The mortgaged property consisted of the land bearing Survey No. 133 of Baramati.

(3.) Plaintiff No. 1 is a registered firm of which plaintiffs Nos. 2 and 3 are the partners. Defendants Nos. 1 and 2 are the sons of the deceased Gajanan and as such the surviving coparceners in the joint family consisting of them selves and Bhivrao Abaji who died on July 26, 1950, shortly after the execution of the mortgage deed. Out of the lands, however, defendants Nos. 1 and 2 sold 5 acres to defendants Nos. 3 to 6, on April 3, 1956; 3 acres of the lands were further sold by them to defendant No. 5 on April 3, 1959. Some further lands were sold to defendant No. 6 by two sale deeds dated May 10, 1960 and June 8, 1960. Some portion of the lands was acquired by defendant No. 7, Maharashtra Electricity Board. Baramati, who is shown as respondent No. 4 in First Appeal No. 2008 of 1966.