CHIMNA SADASHIV Vs. SADA BARKA

JUDGEMENT

(1.) This was a suit brought by the plaintiffs who were mortgagees of a house and land situated at Mudi and had obtained a decree for sale of the same under the mortgage and purchased it at the Court-sale. Their complaint was that the defendant No. 2, who was the brother of the mortgagors, had obstructed them in taking possession.

(2.) It was found by the first Court that the mortgage had been passed by the two elder brothers in the family of the mortgagors a year after their father's death for a past debt due to the mortgagee and or cash advanced for the marriage of the present respondent.

(3.) It was held in the first Court that the consideration for the mortgage was a family debt for which every one of the brothers in the joint family would be liable. Upon the authority of Sakharam V/s. Devji (1898) 23 Bom. 372 the Subordinate Judge held that the 2nd defendant was sufficiently represented by his brothers, the mortejors, who were proved to have been managers of the undivided family, and he accordingly passed a decree for possession in favour of the plaintiffs.