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PETITIONER: NANNI BAI AND OTHERS
Vs.
RESPONDENT: GITA BAI
DATE OF JUDGMENT: 14/04/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER SUBBARAO, K.
CITATION: 1958 AIR 706 1959 SCR 479
ACT: Agriculturist Protection of--Jurisdiction of Special Judge--Execution sale, if binds the legal representative not Party to it-Limitation-Mitakshara Law of Partition-Document, if and when must be registered-Admissibilitv-Sangli State Agriculturist Protection, Act (1 of 1936)-Indians Limitation Act (IX of 1908), Arts. 12, 134 and 148-Indian Registration Act (Act XVI of 1908), ss. 17 and 49.
HEADNOTE: This was an appeal by the defendants in a suit for possession on redemption of certain mortgages instituted in the Court of the Special judge exercising jurisdiction under the Sangli State Agriculturists Protection Act (1 of 1936). Their case was that the mortgaged properties had been sold at auction and purchased by their father who had sold most of them to other persons more than 12 years before the institution of the suit and as such the suit was barred by limitation. The trial Court dismissed the suit. On appeal the High Court of Sangli permitted the plaintiff to amend the plaint originally filed so as to include the relief for redemption and remanded the suit. The trial court, thereafter, decreed the suit in part, holding that...