BAI FATUBAI FIDAALI LALA Vs. YUSUFALLY ESMAILJEE NAGREE

JUDGEMENT

(1.) This appeal arises from a dispute between a brother and a sister in relation to a certain family property, which was dealt with as far back as 1951 in a partition deed between the plaintiff, as one of the sisters, and the other brothers and sisters including the defendant Yusufally as one of the brothers.

(2.) In the events that happened an equitable mortgage appears to have been executed soon after the execution of the aforementioned partition deed by which the property in suit came to be owned by defendant Yusufally.

(3.) It requires to be noticed that the equitable mortgage is evidenced by a registered document dated the 10th of June 1952, the document having been duly admitted and registered on the 25th of July 1952.