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{{Style P-No indent|should not manage part of the his own share by interrupting other's share and if common holder's shared land is mortgaged, by this (affecting) other share holders’ rights of distribution pertaining to that shared land depending on it. The Disputants say that they have rights on the disputed land. But the party from whom the disputants acquired the rights was not known to other common holders.  And now if the respondents want to appeal against etc. they can do so against the party from whom the appellant acquired the land.  For this cause, (this court) annuls the judgement of the Sub Judge and confirms the lower court’s orders.}}

  | item = 1

  | item = 1

  | type = other

  | type = other

  | status = wanted

  | status = ok

  | continues = 55, 56

  | continues = 55, 56

  | author =  

  | author =  

  | untitled =  

  | untitled =  

  | source title =  

  | source title =  

  | source details =  

  | source details = In. La. Re. Mumbai Series,  No.3, Page 202.

  | publication date =  

  | publication date =  

  | original date = 1879-02-17

  | original date = 1879-02-17

<center>Judgment Date 17 February 1879</center>  

<center>Judgment Date 17 February 1879</center>  

<center>J. Carvallo ………………………………….. (Original Plaintiff) Appellant</center>

 

J. Carvallo ………………………………….. (Original Plaintiff) Appellant

 

Civil Law of Easement (of 1859 Act 8, Section 194) Pledge/Pawn – Interest – Plaintiff’s court cost.

Civil Law of Easement (of 1859 Act 8, Section 194) Pledge/Pawn – Interest – Plaintiff’s court cost.

Facts of the Case: A&B pledged their home with C for Rupees 250. Later on they assigned and conveyed the same house to D for Rupees 551. D was not aware that A&B had pledged the house and agreed to pay interest on amount borrowed @ 24% per annum. C sued A&B for the interest and principal. C demanded in the law suit that the house be auctioned so that he can get paid. The lower court decided in favor of C but did not award him the interest. In an appeal filed at the District Court, the judgment of lower court not awarding the interest was overruled and the Court awarded interest to C @ 6% per annum. An appeal was filed at the High Court against this decision.

'''Facts of the Case:''' A&B pledged their home with C for Rupees 250. Later on they assigned and conveyed the same house to D for Rupees 551. D was not aware that A&B {{Style S-HPB SB. Continues on|5-55}}

 

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