GULAM HUSSEIN TYABALLI Vs. MAHAMADALLY IBRAHIMJI

JUDGEMENT

(1.) The plaintiff originally sued on the 18 of April 1899 to recover Rs. 1999 due under a mortgage-deed dated the 18 of April 1877. He claimed to recover the amount in question by sale of the mortgaged property and any balance from the remaining non-hypothicated property of the first defendant and of the deceased mortgagor.

(2.) A decree was passed in his favour against the mortgaged property alone. The amount realised by the sale of the mortgaged property was insufficient to satisfy the decree by Rs. 837, and the plaintiff applied under Section 90 of the Transfer of Property Act for a further decree against the other property of the mortgagor.

(3.) The Subordinate Judge found that the claim was time-barred.