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november 1996

Supreme Court of India · 1996-11-28

THACKER PRAGJI ANANDJI vs MANSUKHLAL AMBALAL (DEAD) BY L.RS.

Citation / case number
SC 1981/63300
Court
Supreme Court of India
Petitioner
THACKER PRAGJI ANANDJI
Respondent
MANSUKHLAL AMBALAL (DEAD) BY L.RS.
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that House Nos. 247 and 248 are joint family properties of Pragji and Damji, and thus subject to partition. The court affirmed the lower courts' findings that the mortgage executed on September 30, 1958, binds the parties. A preliminary decree for partition was granted, allowing the appellant to redeem the mortgage before finalizing the partition, with the stipulation that if the second defendant fails to pay his share of the mortgage debt, he forfeits his claim to the properties. The appeal was allowed without costs.

THACKER PRAGJI ANANDJI vs MANSUKHLAL AMBALAL (DEAD) BY L.RS. · Niyam