THAKKAR VRAJLAL BHIMJEE Vs. THAKKAR JAMNADAL VALJEE

JUDGEMENT

(1.) THE only question of law that arises for consideration in this appeal is whether the mortgage deed was proved in accordance with law in absence of examination of any of the attesting witnesses.

(2.) THE High Court held that since the appellant, who was a guarantor, having admitted his signature on the mortgage deed and he having not specifically denied in the written statement the execution of the document it was not necessary for the respondent -plaintiff to examine any attesting witness to prove the execution of the mortgage deed.

(3.) IN the result, this appeal succeeds and is allowed. The order and decree of the Courts below against the appellant -guarantor is set aside and the suit against him shall stand dismissed. We may make it clear that the mortgagee having not appealed in the High Court against the decree passed by the two Courts below, it has become final against him. Parties shall bear their own costs.