JETHIBAI Vs. PUTLIBAI

JUDGEMENT

(1.) In this suit, the plaintiff seeks to enforce an alleged equitable mortgage for a consideration of Rs. 6079 against a house in 2nd Bhoiwada Lane, the property of the deceased Parvatibai, against her executrix under the Will her grandmother Putlibai. The relationship of the parties commenced with Damodar Kanji, who left a widow Putlibai and a son Daya Damodar. Daya Damodar left him surviving a daughter Parvatibai. The plaintiff claims through one, Laxman, who left a widow Jaykore and a sister Jethi, the present plaintiff.

(2.) The alleged equitable mortgage is said to have been made by Putlibai and Parvatibai in or about August 1906 to Laxman in consideration of a balance of Rs. 5079 at that time due as the result of long money transactions between himself and Damodar Kanji, and after Damodar Kanji, his son Daya Damodar ; and the further consideration of Rs. 1000 said to have been advanced by the said Laxman to Putlibai and Parvatibai to meet the expenses of a suit which had originally been brought against Putlibai and the deceased Daya Damodar.

(3.) It is important to state at the outset that the evidence of one Samuel Ezekiel, a Municipal clerk, shows that Parvatibai was born in the month of December 1887 and, therefore, attained her majority in December 1905, something less than a year before this alleged equitable mortgage.