MOHAMMAD KHAN Vs. MOHAMMAD SALIM KHAN

JUDGEMENT

(1.) This is an application in revision under Section 115, Civil P. C.

(2.) The applicant applied under Section 12, U. P. Agriculturists' Relief Act, for the redemption of a usufructuary mortgage, dated 1-8-1878, which was executed by Fateh Afzal Khan, grandfather of the plaintiff, in favour of the defendants opposite-parties for a sum of Rs. 259. After the death of Fateh Afzal Khan, his son, Ashraf Khan, executed another mortgage on 30-8-1900 for Rs. 167 in favour of the same mortgagees reciting the existence of the previous mortgage. The plaintiff alleged that limitation for redemption was saved by the acknowledgment about the prior mortgage made in the second mortgage by Fateh Afzal Khan. The defence inter alia was that the suit was barred by limitation.

(3.) The trial Court held that the suit was not barred by limitation and that the entire amount has been paid-up by the usufruct of the property. It, therefore, decreed the suit for redemption without payment of any mortgage money. The lower appellate Court held that the suit was barred by limitation and without going into the merits of the case dismissed the application for redemption. Against this decree the applicant has come up in revision to this Court.