GOVINDRAO BALWANTRAO MAHADIK Vs. KRISHNARAO DAULATRAO MAHADIK

JUDGEMENT

(1.) THIS is a defendant's First Appeal against the judgment and decree dated the 25th of April, 1960 passed by the 2nd Addl. District Judge Gwalior, in Civil Original suit No. 6 of 1960.

(2.) THE suit was filed by Major Krishnarao Mahadik for possession of a house situate at Dal Bazar, Lashkur, which was on the dale of the suit in the occupation of the defendant No. 1 Govindrao Mahadik. It was alleged that Govindrao Mahadik had executed a mortgage-deed in respect of this house in favour of defendant No. 2. The Gwalior Bank Prop. , M/s Bidhichand and Sons on 9-8-1945. The plaintiff claimed cancellation of this deed. He based his claim in respect of the house on an order (Ex. P/2) dated 12-11-1942 of the then Maharaja of Gwalior State. The defendant challenged the plaintiffs title to the house in dispute and pleaded that the plaintiff had misconstrued the order of the then His Highness. The suit proceeded ex parte against the defendant No. 2. The. Gwalior Bank.

(3.) THE trial Court held that the house in dispute belonged to the plaintiff and that the defendant No. 1, Govindrao Mahadik had no right to mortgage it with the defendant No. 2, The Gwalior Bank. It, therefore, decreed the suit. The defendant has now come up in appeal against the decree passed by the trial Court.