HARIDAS ROY Vs. SARAT CHANDRA DEY

JUDGEMENT

(1.) The only point raised in this appeal is one of limitation. Certain properties were sold on the 16th February 1901 in execution of a mortgage decree and purchased by the plaintiff No. 1 who took possession of the same through the Court on the 16th May 1905.

(2.) Defendant No. 1 then caused an application to be made under Section 335, Civil Procedure Code, through Mathur Mohan Sarkar, the ancestor (now deceased) of defendants Nos. 2 and 3, in the Court of the Subordinate Judge of Nuddea and during the pendency of the case defendants Nos. 2 and 3 executed in favour of defendant No. 1 a deed of sale of their interest in the disputed properties, The case under Section 335, Civil Procedure Code, was decided in favour of defendant No. 1 and against the plaintiffs, and the possession of defendant No. 1 in the disputed properties was confirmed on the 24th February 1906.

(3.) The plaintiffs claiming priority of title to the properties instituted a suit to establish their title and recover possession. The plaint was filed on the 25th February 1907, (The 24th February being a Sunday), that is to say, on the last day of the period of limitation.