VASANTRAO GOVINDRAO PRABHAKAR Vs. NANABHAI SADANAND

JUDGEMENT

(1.) The plaintiffs filed this suit for the redemption of two properties, hereinafter called the Girgaon property and the Mahim property respectively, after taking an account of the two mortgages mentioned in the plaint. The following pedigree is necessary for the purposes of this judgment.

(2.) The original Plaintiffs Nos. 1 to 3 were Wamanrao, Vinayakrao and Madhavarao, while Plaintiffs Nos. 4 and 5 were the executors of Maneckbai, widow of Gunpatrao. In 1869 Madhoba negotiated with one Shrikrishna Naranji for a loan of Rs. 82,000 to be secured on the Girgaon property. An agreement was arrived at whereby Shrikrishna Naranji was to advance Rs. 82,000 on a deposit of the title deeds of the Girgaon property and Madhoba was to purchase the Mahim property from Shrikrishna for Rs. 50,000. Accordingly the title deeds of the Girgaon property were deposited with Shrikrishna who advanced Rs. 82,000 to Madhoba. Madhoba died on September 19,1869, leaving a Will dated April 16, 1862, and a codicil thereto dated September 18, 1869.

(3.) Probate of the Will and codicil was granted to Atmaram Madhoba as the executor named in the Will on January 20, 1870. On March 25, 1870, Atmaram obtained a conveyance of the Mahim property from Shrikrishna, and on the same day Atmaram executed two mortgages one of the Girgaon property and the other of the Girgaon and Mahim properties to secure the sums of Rs. 82,000 and Rs. 50,000 respectively. On March 4, 1875, Shrikrishna assigned the said two mortgages and all his rights thereunder to his son Sadanand.