PRANLAL TRIBHUWANDAS Vs. GOCULDAS DAMODAR

JUDGEMENT

(1.) In this suit plaintiff sues as mortgagee of certain property in Dutch belonging to the first defendant. The mortgage was made in Bombay on November 20, 1923, by deposit of title deeds.

(2.) He has joined in that suit the second defendant on the ground that the second defendant falsely alleges that he is now in possession as prior mortgagee of the properties and denies the plaintiffs right to a charge on the said properties. Plaintiff accordingly prays not only for a decree for the sale of the properties but also for a declaration of his charge as against the second defendant.

(3.) The suit as between the plaintiff and the first defendant was decided by a consent decree taken on August 19. 1924, where-by a decree for sale was made on behalf of the plaintiff, with however this reservation as regards the second defendant, that that decree was to be without prejudice to the rights of the plaintiff and the second defendant, and the suit was adjourned in order that the rights of the plaintiff and the second defendant should be determined.