MANJI KARIMBHAI Vs. HOORBAI

JUDGEMENT

(1.) The plaintiff alleged that she was one of the beneficiaries under a trust deed whereby her mother Fatmabai widow of Haji Tar Mahomed Sajan settled upon her son and daughter inter alia a house in Kumbekar Street.

(2.) That in suit No. 64 of 1899, to which the plaintiff and the heir of her sister Jumbabai were parties, it was by a consent decree declared that the plaintiff and Jumbabai or her children were to take the trust premises in equal shares.

(3.) That upon applications for execution made by some of the parties to the suit a warrant for sale of the right, title and interest of Fatmabai in the house was issued on the 15 of July 1901 and that at the suggestion of the defendant 1 who was her confidential adviser the plaintiff supplied him with funds wherewith he purchased the house at a Court-sale held under the said warrant on the 18 of October 1901 for Rs. 9300. That she advanced divers sums of money to the first defendant for payment of workmen and the purchase of material in connection with the repairs to the house but that the first defendant had not accounted for such advances. That the first defendant set up falsely a mortgage of the house to the second defendant with her approval and she claimed that any such transaction was void and that the second defendant must be taken to have had notice of her interest in the house in view of her having been throughout in possession thereof.