CHHOTABHAI MOTIBHAI Vs. DADABHAI NARANDAS

JUDGEMENT

(1.) This appeal arises in a suit by the plaintiffs for a declaration that certain deeds of sale obtained by the defendants in respect of suit property being illegal, unauthorised, fraudulent and inoperative, are not binding on them, and that certain mortgages created by the plaintiffs predecessor on the property in favour of the defendants predecessors prior to the said sale-deeds were subsisting, and for an account of the said mortgages under the Dekkhan Agriculturists Relief Act, and that the mortgaged property be released from the mortgages and handed over to the plaintiffs possession on payment of whatever might be found due on taking account.

(2.) In order to understand the nature of the claim and defence, it is necessary to state the events and facts which have led to this litigation.

(3.) The following pedigree of the mortgagor's family is necessary to understand the relationship of the plaintiffs and other persons related to them who figure in this suit: