SWARAN SINGH Vs. GULZARA SINGH

JUDGEMENT

(1.) This judgment will dispose of two appeals (Regular Second Appeals Nos. 499 and 500 of 1951) brought by two plaintiffs against two decrees given in their respective suits on appeals holding that the suits of the plaintiffs are barred by limitation, the Article applicable being 62 of the Limitation Act and not 120. Certain persons, defendants Nos. 2 to 5, mortgaged their land with Swaran Singh, Mehnga Singh and Gulzara Singh for a sum of Rs. 1,200. The mortgagors paid this money, i.e. Rs. 1,200 to Gulzara Singh defendant No. 1 on the 2nd of June, 1945. The plaintiffs brought the suit for recovery of their respective shares, i.e. Rs. 400 each on the 17th April, 1950 and the defence was limitation, it being admitted that the amount had been recovered by defendant No. 1 on behalf of all the three mortgagees. At least so it is stated in the judgment of the learned Senior Subordinate Judge.

(2.) The trial Court decreed the suit holding that Article 120 is applicable which on appeal was reversed by the learned Senior Subordinate Judge who was of the opinion that Article 62 is applicable. The plaintiffs have come up in appeal against the two of decrees in the two suits.

(3.) It is contended by Mr. Bhagat Singh Chawla that Article 62 is not applicable and that Article 120 is. Article 62 provides a period of three years in suits for moneys had and received by the defendants for the use of the plaintiffs. When quoted it runs as under :-