MAYASHANKAR MULSHANKAR Vs. BURJORJI MEEWANJI BATLIVALA

JUDGEMENT

(1.) This suit was one for part redemption by an assignee of a part of the mortgaged property. On July 22, 1914, defendant No. 3 executed a mortgage in favour of defendants Nos. 1 and 2 for a principal sum of Rs. 17,500 and interest, The properties mentioned in the mortgage deed were: (1) four parcels of Bhandup land; (2) 8116 square yards of Kanjur land; and (3) some interest of the mortgagor in certain property at Pare].

(2.) On October 27, 1915, defendant No. 3 by a registered deed gave the four parcels of Bhandup land included in the above mortgage to the plaintiff in exchange for certain other lands of Bhandup received from him.

(3.) On October 20,1918, the first and second defendants, the mortgagees, brought a suit on their mortgage against defendant No. 3 alone, and on July 8, 1918, obtained a preliminary decree for Rs. 19,462-9-3 together with interest. In that suit they included as mortgaged properties five parcels of Bhandup land, four being those mentioned in the deed and since transferred to the plaintiff, the fifth being a wholly different one which the plaintiff alleged had belonged to him in an independent right. Instead of 3116 square yards of Kanjur land they included another piece of 5954 square yards which also the plaintiff alleged belonged to him in an independent right, and they mentioned also the Parel property.