HAJI ASHFAQ HUSAIN Vs. GAURI SAHAI

JUDGEMENT

(1.) The substantial question in this case is whether an application for the execution of a decree absolute obtained by the respondent for the sale of some property which had been mortgaged to him by the appellants is barred by Section 4 of the Indian Limitation Act, 1877. There is also a further question, namely, whether a similar application had not already been made to the Court and dismissed on the 27th November, 1905, so as to make the present application res judicata.

(2.) The litigation which has led up to this dispute has been very long, and it has been somewhat complicated, but the story can be told, for present purposes, in a few sentences.

(3.) The respondent was the holder of a mortgage of the interest of the appellants and of a lady named Musammat Sakina in certain lands. The mortgage debt was a joint debt, and the mortgaged property was joint property. Default was made in payment of the debt, and thereupon the respondent instituted proceedings for the recovery of the money. He also asked for a decree that if payment were not made the property should be sold.