JANARDAN SINGH Vs. TEJ BAHADUR SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree passed by the Civil Judge, Ballia, against the judgment and decree passed by the Mun-sif, Ballia. The Munsif had decreed the suit for redemption of the mortgage on payment of Rs. 2, 000. The lower appel late court came to the conclusion that plaintiffs were entitled to certain amount by way of damages and, therefore, they were entitled to redeem the mortgage on payment of Rs. 377 only. It is against this judgment and decree that the defendant has filed this appeal.

(2.) THE facts giving rise to this appeal are as follows :

(3.) THERE is a finding of fact based on the evidence on record that the mort gagees had dug a pit 15 or 16 years back. This finding was not assailed in this se cond appeal. All that was argued was that according to Articles 32 and 41 of the old Limitation Act, the mortgagor could claim damages for this act of the mortgagee within two years or three years and as no such damages were claimed within the aforesaid period, the suit for damages was barred by time.