KONDU RAMJI ANDHERA Vs. MAHADEV GOPAL GOKHALE

JUDGEMENT

(1.) This is an appeal from a decision of the Assistant Judge of Thana, and the point which arises is whether the respondent in the appeal acquired certain rights under Exhibits 71, 72 and 73 as held by the lower appellate Court.

(2.) The question arises in this way. The land with which we have to deal is khoti nisbat land in the village of Khadkawali in the District of Kolaba. In 1892 that land was mortgaged to one Gokhale by Jankibai who was the widow of the former owner. In 1906 Jankibai died and apparently the equity of redemption was then divisible in sevenths, and in 3 911 three- sevenths were sold away and we are not concerned with them; but four-sevenths were sold to the representative of Gokhale the mortgagee, by the three deeds to which I have referred and upon the construction of which this case turns, But before coming to these deeds it is necessary to mention a few more facts.

(3.) It appears that before the sale to Gokhale of the equity of redemption in four-sevenths of the land Gokhale had acquired certain parts of these khoti lands from the occupation tenants. Now that acquisition was made admittedly without the consent of the khot, and that being so, the khot would be entitled to forfeit the land which the tenants had sold without his consent. That, I think, is clear from the case of Hari V/s. Gangadhar (1916) 18 Bom. L.R. 446.