HAJI BASHIR AHMAD KHAN Vs. NAZIR AHMAD KHAN

JUDGEMENT

(1.) The only point pressed in the Court below was the question of law which has been also raised before us. On the 10 of February 1905 the plaintiffs- respondents predecessor-in-title sold certain Zemindari to the defendant-appellant for the sum of Rs. 799. Rs. 300 were paid in cash and in respect to Rs. 499 the sale-deed set out that it would in certain circumstances be not paid by the vendee to the vendor. Three days afterwards, i.e., on the 13 of February 1905, the vendee executed a simple agreement under which be agreed to pay Rs. 499, the balance of the purchase-money, in monthly instalments of Rs. 50 each, and further agreed that if two instalments in succession remained unpaid, the vendor should be entitled to recover the whole at once.

(2.) The present suit was brought on the 10 of February 1917 to recover the unpaid balance of the purchase money by sale of the property sold, in other words, to enforce the charge which is given to a vendor under Section 55(4)(6) of the Transfer of Property Act.

(3.) The plea taken in defence with which we are concerned is that the suit was barred by limitation, because no suit had been brought within six years of the bond of the 13 of February 1905, which bond, we may note, was duly registered.