KARMA NAND Vs. SEWA NAND

JUDGEMENT

(1.) The sole question, which requires determination, in this appeal, against the decree and judgment of the learned District Judge, Kinnaur, is whether the suit of the appellant was barred by time.

(2.) The appellant had instituted a suit, in the Court of the Subordinate Judge, Kalpa, for a declaration that the mortgage-deed dated 2-11-1958, executed by the appellant and respondent No. 2, in favour of respondent No. 1, was without consideration and void. It was alleged, in the plaint, that the possession of the land mortgaged, never passed to respondent No. 1 and that the mortgage deed was got executed without consideration, and under undue influence The suit was contested on behalf of respondent No. 1. One of the grounds, taken up, by him, was that the suit was barred by limitation.

(3.) The learned Subordinate Judge held that Article 91, Limitation Act, was applicable to the suit of the appellant and that as the suit was instituted more than three years after the execution of the mortgage deed, it was barred by time. Without going into other points raised, the learned Subordinate Judge dismissed the suit as time barred.