KRISHNARAO RAGHUNATH YARDI Vs. GHAMAN GHAMA VALAD CHIMA

JUDGEMENT

(1.) These appeals which have been heard together arise out of two suits Nos. 84 and 85 of 1925 filed by the appellant against the respondents to recover possession of certain lands leased to them by him. The lands belonged originally to two brothers Gopal and Martand, sons of one Girmaji Yardi and distant cousins of the appellant. Suit No. 84 related to the lands which had originally belonged to Martand, and suit No. 85 to those which had belonged to Gopal. The history of the lands in the two suits is different, and it is, therefore, necessary to state the facts with regard to each separately.

(2.) Martand had mortgaged his entire separated half share to his brother Gopal on October 27, 1896, by a possessory mortgage. Within a month after this, on November 18, 1896, he sold his rights in the lands to the appellant's brother Ganesh Raghunath Yardi by a sale-deed (exhibit 84). In March, 1901, Ganesh mortgaged the lands to respondent No. 1 and his brother Sadu and to Rakhma, the father of respondent No. 2, with possession, for Rs. 1,000. In 1910 he instituted suit No. 378 of 1910 against the respondents to redeem the mortgage of March, 1901. The appellant and his brother Govindrao were co-defendants in that suit. During the pendency of the suit Ganesh died and the appellant and his brother Govindrao were substituted as plaintiffs. On July 4, 1912, a decree was passed by which the plaintiffs in that suit (i.e., the present appellant and his brother) had to pay Rs. 625 and costs to the mortgagees (i.e., the present respondents) within six months, and the respondents were ordered to restore possession of the lands to the appellant and Govindrao. The decretal amount was paid off by the plaintiffs before the stipulated period and the defendants transferred possession by passing the rent-note (exhibit 25) to the plaintiff, i. e., the present appellant, on December 16, 1912. That rent-note forms the basis of suit No. 84.

(3.) Gopal died some time before 1900 and the lands belonging to him were, after his death, mortgaged with possession by his mother Laxmibai and his widow Sitabai to two persons Bhawani valad Punjaji Pachora and Vithu valad Raoji Lonare on January 16, 1900. In November of the same year.