Allahabad Court December 1918 Judgments

Gurdial Vs. Munna Lal and anr.

Court: Allahabad

Reported in: 61Ind.Cas.627

Tudball, J.1. The sole point for decision in this appeal is one of limitation. The facts are briefly as follows: The property was mortgaged in the year 1861 to a certain mortgagee. In the year 1892, the mortgagee, purporting to be fall owner of the property and being in possession (though under his mortgage), made a simple mortgage of the property to another person. In 1896 this mortgagee brought a suit for sale of the property. The property was sold and purchased by the mortgagee who remained in possession up to the year 1906, when he sold it by voluntary sale-deed in. favour of the present respondents. The plaintiff in the present suit is a person who has acquired the equity of redemption of the original mortgagor, and has brought the suit ostensibly for redemption of the mortgage under Article 148. The Court of first instance decreed the claim. The lower Appellate Court held that the suit for possession was barred by limitation and dismissed the suit. Hence the present appeal by the...