VAMAN PRABHU MAHAMBRE versus MARIA ALCINA DE MENEZES E GONSALVES AND ORS.

VAMAN PRABHU MAHAMBRE versus MARIA ALCINA DE MENEZES E GONSALVES AND ORS.

Once property is sold and Custodian is divested, mortgagees retain right to proceed against the property for recovery of debt; civil court jurisdiction is not barred post-divestment; decree for joint and several liability is valid.

Parties
Appellant: V Aman Prabhu Mahambre; Respondents: Maria Alcina De Menezes E Gonsalves and Others
Jurisdiction
India
Judgment Date
18 October 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal After Decree and Appellate Confirmation
Outcome
Appeal dismissed
Legal Topics
Evacuee Property, Mortgages, Jurisdiction of Civil Courts
Property Law Evacuee Property Mortgages Jurisdiction of Civil Courts

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Parties

V Aman Prabhu Mahambre

Appellant

Maria Alcina De Menezes E Gonsalves and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal After Decree and Appellate Confirmation

Legal Issues

  1. 1 Whether mortgagees can proceed against evacuee property for recovery of debt after sale to purchaser
  2. 2 Whether civil court is divested of jurisdiction under Goa, Daman & Diu Administration of Evacuee Property Act

Ratio Decidendi

Once property is sold and Custodian is divested, mortgagees retain right to proceed against the property for recovery of debt; civil court jurisdiction is not barred post-divestment; decree for joint and several liability is valid.

Court Disposition

Appeal dismissed

Orders

  • Decree of civil court against appellant and custodian for recovery of debt upheld
  • No order as to costs