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Sarkar Barnard and Co. Vs. Alak Manjary Kuari - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1924)26BOMLR737
AppellantSarkar Barnard and Co.
RespondentAlak Manjary Kuari
DispositionAppeal dismissed
Excerpt:
transfer of properly act (iv of 1882) section 59--mortgage by two wives of their separate estate to secure loan of over ms. 100--attestation by two witnesses--husband affixing his signature thereto, with another witness--sufficiency of attestation.;a mortgage executed by the two wives of a maharaja concluded: 'let it be known that this bond has been executed with the consent and permission of our husband. he shall not raise any objection to the realisation of the aforesaid loan by the sale of the mauzas given in mortgage. in support of this, he has attested his bond as a witness.' after the mortgagors had signed, the maharaja and a witness affixed their signatures in the margin.;that the maharaja's signature was not by way of attestation, but only to express his consent to the acts of his.....shaw, j.1. this appeal has been presented ex parte. everything in its favour that could be said has been said. their lordships are of opinion that it is a hopeless appeal and will humbly advise his majesty to dismiss it accordingly.2. the usual order will be made with regard to such costs as the respondents may be entitled to.
Judgment:

Shaw, J.

1. This appeal has been presented ex parte. Everything in its favour that could be said has been said. Their Lordships are of opinion that it is a hopeless appeal and will humbly advise His Majesty to dismiss it accordingly.

2. The usual order will be made with regard to such costs as the respondents may be entitled to.


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