DATTATRAYA PURSHOTTAM PARNEKAR Vs. RADHABAI BALKRISHNA TRIMBAK

JUDGEMENT

(1.) The plaintiffs sued to recover Rs. 3,637 being the balance due on two mortgage deeds dated 28th June 1891 and 26th September 1892. The defendant in his written statement contended that he was an agriculturist and that the suit should be tried under the Dekkhan Agriculturists Relief Act. The following issues were raised as preliminary issues: (1) Whether the defendant is an agriculturist within the meaning of the Dekkhan Agriculturists Relief Act? (2) Whether the suit is maintainable without a succession certificate? And (3) Whether a certificate under the Pensions Act is necessary ?

(2.) On the first issue the Judge found that the defendant was an agriculturist, The second issue was found in the affirmative and the third in the negative. Further issues were then drawn up:- 1. Whether the mortgage bonds in suit are proved ? 2. What is proved to be the consideration of the said bonds ?

(3.) What is proved to be the amount received by plaintiffs towards satisfaction of the said bonds ?