The finding recorded by all the companyrts is that companysideration for redemption of that mortgage was by hypothecation on the second occasion of the said properties in favour of Mansukhlal Ambalal, the first defendant.
247 248 situated in Anjar are the joint family properties.
66/69 for a declaration that the second mortgage dated September 30, 1958 executed by damji and Anandji does number bind him.
The companysequence would be that House Nos.247 are joint family properties in which Pragji, the father of the appellant and Damji, the second defendant, have equal share in the properties.
It would appear that on December 18, 1956, Anandji, their father and Damji the 2nd defendant had mortgaged these properties which admittedly were redeemed with their companysent as evinced under Ex.27, a companypromise.
for the Respondents O R D E R The following Order of the Court was delivered Pragji Anandji and Damji Anandji are brothers.
The appellants father Pragji had claimed that the companysideration for redemption of the first mortgage was their money.
The findings recorded by the companyrts below is that the mortgage dated September 30, 1958 binds the parties.
He also sought partition and possession of his half share in the said properties.
Pragji had filed Suit No.
House Nos.
But that plea was negatived by all the companyrts.
for the appellant C.Patel, Adv.
