KAMTA RAI Vs. RANI JADURAJ KUNWARI

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit to set aside a sale deed dated 2nd July 1923.

(2.) The suit was for avoidance of a sale deed executed by the certificated guardian of the first two plaintiffs, who were minors, on 2 July, 1913. The sale was of a three anna share in mauza Phulvi for the sum of Rs. 14,400.

(3.) On 1 April 1900 a mortgage deed had been executed in favour of the defendant by the grandfather of the two minors. No question as to the legality or otherwise of the mortgage could have been raised as the mortgage of the year 1900 was executed in lieu of antecedent debts. The mortgagee was entitled on 3rd May 1901 to demand repayment of the money and therefore any suit that the defendant had chosen to file to enforce the mortgage would have been within time up to 3 May 1913.