PARSHOTTAM VERIBHAI Vs. CHHATRASANGJI MADHAVSANGJI THAKOR

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the plaintiff for a declaration that a deed of mortgage made in March, 1894, by his father is null and void. The plaintiff also sought to recover possession of the property.

(2.) The plaint stated that the plaintiff is and his father was, a Talukdar of Kherda and the mortgage-deed was void under Section 28 of the Broach and Kaira Incumbered Estates Act, XXI of 1881 after the death of the mortgagor, the plaintiff s father. The defendants are the representatives of the original mortgagee.

(3.) The lower appellate Court has decided in favour of the plaintiff upon the main contention and nothing has been said in the argument before us to lead us to doubt the accuracy of that conclusion. Under Section 28 of Act XXI of 1881 it is provided that in circumstances such as we have here no mortgage shall be valid as to any time beyond the natural life of the mortgagor Talukdar.