BALKI MOHAPATRA Vs. BROJOBASHI PANDA

JUDGEMENT

(1.) This appeal arises out of a suit for redemption. The ancestor of the plaintiff was one Ghottoo, and the family is shown in the following genealogical tree.

(2.) The mortgage sought to be redeemed was executed by Sidhessur, Muktessur, Jambessur, Brindaban and Kunjaban. It was a mortgage by conditional sale, and the term expired in April 1888. The next month the mortgagee instituted a suit for foreclosure, and in February 1889, he obtained delivery of possession. The present suit was instituted at the end of 19C7.

(3.) The learned Subordinate Judge has dismissed the suit, holding that the plaintiffs have no right to redeem, unless and until the foreclosure decree is set aside, and secondly, that the suit is barred by limitation. The plaintiffs appeal.