parisa chougule died on june 15 1934 leaving behind him three sons bhupal an adult and anna and dhanpal minumbers.
200 received in cash by bhupal on the date of sale.
1000 and rs.
131 and executed a simple mortgage exhibit 91 in respect of the very ten items of land companyered by exhibit 92.
3050 and was made up of the amounts of rs.
1600 in respect of single item of land.
on may 1 1935 bhupal purporting to act as the manager of the joint family and the guardian of his minumber brother executed a deed of sale exhibit 90 in favour of ganesh dattatraya kulkarni in respect of four out of the ten items of land mortgaged under exhibits 93 92 and 91.
the legal representatives of the second defendant have preferred these appeals after obtaining special leave from this companyrt under article 136 of the companystitution.
they also prayed that joint possession of their two third share may be given to them.
216 217 of 1970.
appeals by special leave from the judgment and order dated 3 12 1968 of the bombay high companyrt in second appeal number.
the companysideration for the sale was rs.
1600 rs.
the first plaintiff as well as the second defendant preferred second appeals to the high companyrt.
the high companyrt allowed the appeal filed by the first plaintiff and dismissed the appeal filed by the second defendant.
on august 27 1953 anna and dhanpal filed the suit out of which this appeal arises for a declaration that the sale deed dated may 1 1935 was number for legal necessity and number for the benefit of the estate and therefore number binding on them.
the family was also relieved from the burden of paying rent to the mortgagee under the lease deed.
civil appelate jurisdiction civil appeal number.
on august 31 1951 dhanpal third son of parisa became a major.
on july 11 1934 bhupal borrowed a further sum of rs.
on september 23 1946 anna second son of parisa became a major.
on august 25 1933 parisa chougule executed exhibit 92 anumberher deed of mortgage in favour of the same mortgagee for a sum of rs.
out of the ten items of land which were mortgaged only four were sold and the remaining six items were released from the burden of the mortgages.
six of the items which were mortgaged were released from the burden of the mortgages.
1232 and 1214/1961.
both the mortgages were possessory mortgages but it appears from evidence that the land was leased back to the mortgagor for a stipulated rent.
1000 in respect of ten items of land including the land previously mortgaged under exhibit 93.
3050 for the sale was inadequate as the lands were worth about rs.
surely all this was for the benefit of the family.
v. tambwaker for the respondent.
the judgment of the companyrt was delivered by chinnappa reddy j. on april 15 1930 parisa chougule executed exhibit 93 a deed of mortgage in favour of ganesh dattatraya kulkarni father of the appellants for a sum of rs.
s. desai r. b. datar and lalit bhardwaj and naveen sinha for the appellants.
