TILAK RAM Vs. NATHU

JUDGEMENT

(1.) 1. The written statement, Ex. P. 14, in Suit No. 50 of 1903 which contained a statement that Parmeshwardas held the said lands as the mortgagee thereof under the said seven mortgages.

(2.) In the last document the statement relied on was with regard to only the first of the said seven mortgages, dated August 16, 1861.

(3.) The Trial Court passed a preliminary decree, dated March 29, 1957 for possession on condition that the appellants paid Rs. 8,839-13-0 within four months. Accordingly the appellants deposited the said amount in Court. The respondents filed an appeal challenging the said judgment and decree. On January 8, 1958 the learned District Judge dismissed the said appeal and confirmed the preliminary decree holding that the suit was within time as the statements in the aforesaid documents constituted acknowledgments within the meaning of S. 19. The respondents then took the matter to the High Court by way of second appeal. The learned Single Judge of the High Court allowed the appeal holding that the said statements were not sufficient to constitute acknowledgments and, therefore, the suit was barred by limitation and dismissed it. Thereupon the appellants filed a Letters Patent appeal which met the same fate. This appeal by certificate challenges the correctness of the said judgment and decree passed by the High Court.