VALLABHDAS MULJI Vs. PRANSHANKAR NARBHESHANKAR

JUDGEMENT

(1.) This suit relates to a house in Bazaar Gate Street, Bombay, which in 1907 was owned by the plaintiff, On July 8, 1907, he executed two mortgage deeds in respect of this property. The first mortgage was for a sum of Rs. 30,000, to Mulji Meghji and Narbheshankar Ghellabhai.

(2.) The first defendant Pranshankar is the son of Narbheshankar, and defendants Nos. 2 arid 3 are the sons of Mulji Meghji. He and Narbheshankar are dead.

(3.) On the same day the plaintiff mortgaged the property, subject to the first mortgage, to defendants Nos. 4 and 5 for Rs. 3,000. The due date for payment under these mortgages was July 17, 1908, and both the documents contain the usual power of sale, subject to the provisions of Section 69 of the Transfer of Property Act, in default of payment of the mortgage debt.