DINABANDHU MAITI Vs. BISHNU BEWA

JUDGEMENT

(1.) The question involved in this case is, whether the suit upon the mortgage-bond out; of which this appeal arises, is a suit for enforcement of money charged upon mortgaged property within the meaning of Article 182 of the Limitation Act.

(2.) The mortgagor took a loan of a certain quantity of paddy and agreed to re pay it together with interest thereon at so many kathas per Kuri per year and fan her agreed that, on default of payment within the time stipulated, the mortgage would be entitled to realise the money- the subject matter of the claim together with costs by gale of the property which was mortgaged to secure the loan, and that if that was insufficient to satisfy the debt, by attachment and sale of other properties of the mortgagor.,

(3.) The suit was brought more than six years after, and within twelve years of the due date of payment.