KASHIBAI Vs. PANDURANG

JUDGEMENT

(1.) THIS is defendant's Second Appeal from a decree declaring that the plaintiff's one -third share in the disputed house was not liable to he sold in execution of Kashi Bai's decree in her suit for sale arising out of a mortgage in her favour.

(2.) THE material facts are that a decree was passed in favour of one Ramchandra Rao Tambe against Narain Rao, Ganpat Rao and Pandurang Rao, three brothers. In execution thereof their house was to be put to sale. In order to pay off the judgment -debt Narain Rao and Ganpat Rao executed a deed of mortgage in favour of Kashi Bai on December 6, 1948. On foot of this mortgage deed Kashi Bai brought a suit for sale and a decree was passed in her favour. I am told that eventually the mortgaged house has been sold in execution and Kashi Bai herself is the purchaser.

(3.) THE trail Judge found that Narain Rao was the eldest brother, that the property of the three brothers was joint, that no partition had taken place between them, that the mortgage in favour of Kashi Bai was for legal necessity, and that the agreement of 25 -11 -48 (Ex. D. 1) was signed by Pandurang Rao. In consequence he held that Pandurang Rao was bound by the mortgage and the decree passed thereon. The suit was in the result dismissed.