(SIRI) NARAIN TEWARI Vs. BRIJ NARAIN RAI

JUDGEMENT

(1.) This is an appeal by the decree-holders and the only question raised in the appeal is one relating to limitation.

(2.) Mt. Jokhna Tewarin obtained a decree against a number of persons from the Court of the Additional Subordinate Judge of Gorakhpur in Suit No. 198 of 1911 on 28 August 1912. Amongst the. defendants to the action were Raja Bahadur Brij Narain Rai and Rai Jagdish Narain Rai. The decree passed against them was for delivery of possession of a one anna seven pie and 10 chhatak zamindari share of a village called Kat Kuian. The decree was not unconditional. It provided that the right to possession was contingent upon Mt. Jokhna depositing in the Court to the credit of Brij Narain Rai and Jagdish Narain Rai a sum of Rs. 2,499-15-0. No date for payment of this sum was specified in the decree.

(3.) Mt. Jokhna died. She did not fulfil the condition in her lifetime; nor did she apply for the execution of the decree. The present application for execution was made by her sons and heirs on 31st, July 1928. The application was presented in a certain Court in Gorakhpur. That Court returned the application to the decree- holders for presentation to the proper Court on the ground that the original Court which had passed the decree in favour of Mt. Jokhna had been abolished. Thereupon the application was presented by the representatives of the original decree-holder in the Court of the Subordinate Judge of Gorakhpur on 13th September 1928. Money was deposited to the credit of Raja Bahadur Brij Narain Rai and Jagdish Naraia Rai on 30 September 1928.