LAWS(PVC)-1916-2-80

ISMAIL ALLARAKKHIA Vs. DATTATRAYA RGANDHI

Decided On February 01, 1916
ISMAIL ALLARAKKHIA Appellant
V/S
DATTATRAYA RGANDHI Respondents

JUDGEMENT

(1.) Under the will of Louis Mary Valladares two of his three sons, namely, Joseph Francis and. Louis Mary, became entitled as tenants-in-common to equal moieties of the testator s house at Mazagaon. The third son Calisto was, by the will, given a right of residence in the house so long as he lived in harmony with his brothers and sisters.

(2.) On the 13th of June 1914, Calisto fraudulently representing himself to be his brother Louis Mary and. so entitled to an equal moiety in the house purported to mortgage such moiety in favour of Abdul Latif Sumar.

(3.) On the 10th of September 1914, Calisto again fraudulently representing himself to be his brother Louis Mary purported to create a second mortgage of the said moiety in favour of the defendant, Dattatraya R. Gandhi.