SHANKAEBHAI DAJIBHAI Vs. BAI SHIV

JUDGEMENT

(1.) This is a curious and difficult suit. It relates to the property of one Narsi, who died on May 20, 1921, without issue, leaving his widow Bai Shiv, and the plaintiffs Shankar, Jadav and Mohan as the next reversioners. These plaintiffs as the next reversioners have brought the present suit for a declaration that two sale-deeds of October 13, 1915, a April, 5, 1922, are void and invalid against the plaintiffs and for the appointment of a receiver to conduct the management of the property of the deceased Narsi Desai during the life-time of defendant No. 1, and for further and other reliefs.

(2.) These two deeds; the one executed in the life-time of Narsi and the other after his death, concern defendant No. 2 Vithal Gordhan, who or whose predecessor-in-title were the mortgagees under two deeds, Exhibits 18 and 19, of June 12, 1880, a March, 27, 1886, for Rs. 1,999 and Rs. 2,399 and interest.

(3.) The first deed, viz., Exhibit 20, of October 13, 1915, is in itself a curious deed. It purports to be a conveyance by Narsi in favour of his mortgagee and his wife for in all Rs. 4,999. As regards Rs. 2,500 of the consideration, that is stated to be the aggregate amount then due on the mortgages in question, As regards Rs. 2,499, that is alleged to be paid by Narsi's wife to himself, Then in consideration of that amount the properties therein mentioned are " sold to you at a valuation and delivered over into your possession," meaning thereby the wife and the mortgagee.