SADASHIV MAHADU DHOLE Vs. NARAYAN VITHAL MAWAL

JUDGEMENT

(1.) The facts of the case are briefly these. The property in dispute was originally mortgaged by defendant No. 1 S father and uncle to plaintiff s father. On 14th February 1885 a decree was passed directing the mortgagors to pay Rs. 7,905-4-3 by seven equal yearly instalments. In default of payment of any instalment at the due date, the mortgaged property was to be sold for the whole sum due. Default having been made in payment of the instalments, the mortgagee put up the property to sale, and purchased it himself on 29th November 1899. The sale was confirmed on 6th January 1900.

(2.) On 7th April 1909 plaintiff, who is the son and legal representative of the auction-purchaser, filed the present suit for possession of the property purchased in 1899. Defendants resisted the claim on several grounds, but their contentions were overruled and a decree was passed in plaintiff s favour, awarding him possession of the property in suit except one piece of land, Prat-bandi No. 14, as to which plaintiff s title was not, proved.

(3.) Against this decree defendant No. 1 appeals to this Court. The main question argued in appeal is, whether the suit is barred by Section 47 of the Code of Civil Procedure, 1908.