Bombay High Court Reports Volume 2

Bombay High Court Reports Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...with the Revenue Survey of the land mortgaged to him. THIS was a special appeal from the decision of C. B. Izon, Assistant Judge of the Puna District, confirming, in appeal, the decree of the Munsif of Khed. Gopzil bin Santaji sued to redeem certain land, mortgaged by him to the defendant, Bapiisa: stating that he was ready to pay Rs. 921, the amount advanced to him, which the defendant would not accept. The defendant answered that, besides the sum advanced, there were due by the plaintiif the following items: ----share of profit on the land' for five years, at Rs. 200 a year, the plaintiff having cultivated the land, during that period, as a partner of the defendant, --Rs. 1,000; money due for house rent, Rs. 316-10-8; expenses incurred in connection with the Survey measurement of the land, Rs. 275; expenses for cutting prickly pear, Rs. 50; registering deed, Rs. 3; and interest, Rs. 6. The Munsif decreed for the plaintiff; ordering that the defendant should give over possession of the property claimed, on payment by the plaintiff to him of Rs. 921. This decree was confirmed, on appeal, by the Assistant Judge, who held that the defendant had failed to prove an agreement in support of his claim for Rs. 1,000; and, with reference to the other items, observed that the expenses of repairing boundaries and cutting hedges were not such expenses as made it just that the mortgagee should be specially reimbursed for them: as they were part of the agricultural expenses, of which the advantage, as well as the outlay, lasted at most a year or two; and not such expenses as those of repairs to a house, permanent repairs of dams, or other such expenses, of which the advantage is permanent, and about which it only remains to inquire whether they more

Product details

  • Paperback | 148 pages
  • 189 x 246 x 8mm | 277g
  • United States
  • English
  • black & white illustrations
  • 1236947304
  • 9781236947307