DATTATRAYA VISHNU DHAMANKAR Vs. VISHNU NARAYAN DHAMANKAR

JUDGEMENT

(1.) The plaintiff in this suit prays for his half share in certain ancestral properties upon a partition and claims a declaration that in cumbrances created by his father, the first defendant, by way of mortgage in favour of two sets of defendants, namely, the Rodes and Risbud, are not binding as against him and on his share in the properties.

(2.) The learned Subordinate Judge has held that the plaintiff is entitled to have his half share in the properties described in the plaint, partitioned and put into his possession but subject to the mortgages created by Exhibit 42, a mortgage of the 14th of November 1898 for Rs. 12,000 in favour of the Rodes, and Exhibits 25 and 36 being mortgages of the 20th of June 1889 and the 21st of June 1896 in favour of Risbud for Rs. 9,712.

(3.) The mortgagees in each case have filed suits to enforce their mortgages in consequence of the institution of this partition suit and by consent the evidence recorded in this suit is to be taken as evidence in the mortgage suits.