SHARNAPPA Vs. PATHRU SAHEB

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree, dated 21st June 1957, passed by the learned District Judge, Bidar, in Appeal No. 164/4/1955, by which he dismissed the plaintiff's suit.

(2.) The suit, was filed by the plaintiff in the Court of the Subordinate Judge at Bidar, being case No. 33-1/55, to recover a sum of Rs. 3,5007- O. S. from the defendant on the basis of a registered mortgage deed, dated 29th Meher 1339 F, executed by the defendant.

(3.) The defendant denied the execution and registration of the mortgage deed and also the receipt of the consideration. He also pleaded the discharge of the mortgage amount and contended that the suit claim was barred by limitation.