NAIT RAM Vs. ROSHAN LAL

JUDGEMENT

(1.) This is a plaintiff's appeal in a suit for sale on a mortgage of 12 August 1910 executed by Qadam Singh. On 18 January 1915 Qadam Singh executed another mortgage in favour of Shib Shankar. On 26 May 1920, Shib Shankar sued on his mortgage of 18 January 1915 and obtained a decree which was made final on 2 February, 1921. Shib Shankar then sold the decree to Roshan Lal respondent 1.

(2.) On 21 February 1923, Net Ram the plaintiff-appellant, instituted a suit for sale against Qadam Singh, his sons and grandsons So enforce his mortgage of 12 August 1910. In this suit he did not implead either Shib Shankar or Roshan Lal. He unsuccessfully tried to implead the subsequent mortgagee or his representative in the execution proceedings but failed. On 26 June 1925 Roshan Lal, in execution of his decree on foot of the mortgage of 12 January 1915, purchased the property now in suit and obtained possession thereof on 11th November 1926.

(3.) Nait Ram finding that he could not obtain possession of the property mortgaged to him instituted a second suit for sale on the mortgage of 12 August 1910 impleading Qadam Singh, his sons and grandsons and Roshan Lal the purchaser of the property in execution of the decree obtained under the subsequent mortgage. The plaintiff was met with the plea that the claim was barred by limitation as the time for suit expired on 13 August 1922. This the plaintiff admitted but pleaded that Roshan Lal had acknowledged his liability on 17 June 1921 in a statement made in an affidavit of that date.