CHANDNI BEGAM Vs. MADHORAO FALKE

JUDGEMENT

(1.) THIS is Defendant's second appeal against the judgment and decree of the District Judge, Gwalior, who dismissing the appeal of the Defendant confirmed the decree of the trial court. The facts of the case briefly are that Sardar Madhorao Falke filed a suit against Premrao alias Hashmutulla and Mst. Basantibai in the Court of Sub -Judge, Lashkar. The plaint alleges that Hashmatulla Defendant No. 1's mother Mst. Chatro was in the keeping of Plaintiff's father Sardar Ramrao Falke. She had a son by Sardar Ramrao Falke who is Defendant No. 1 Hashmatulla, that Ramrao Falke gave two houses Nos. 3/5 and 4/511 to Mst. Chatro for use, that after the death of Mst. Chatro Defendant No. 1 continued to be in possession of these houses by permission, that on 1 -4 -32 Defendant No. 1 executed a usufructuary mortgage of house No. 3/5 for Rs. 2500/ - in favour of Basantibai Defendant No. 2.

(2.) THE learned Counsel for the Appellant has raised two points before me. The first point is that issue No. 2 has been wrongly decided in favour of the Plaintiff and the second is that the suit is time barred. Issue No. 2 is as follows: