GANESHI LAL Vs. NOBIN CHANDRA BOSE

JUDGEMENT

(1.) The property claimed by the plaintiff-appellant is 5/6ths of a certain property once owned by one Mt. Chanda. She mortgaged the whole of it in 1914 and died a year later. She left her surviving two heirs, her mother Mt. Nasiban and her son Siddiq. The son was a minor. The mother sold the entire property in 1915 to the respondent No. 1 in this appeal for a sum of Rs. 500. She received in cash a sum of Rs. 100 and left with the transferee the sum of Rs. 400 for the purpose of payment of the mortgage which had been executed by Mt. Chanda in 1914. Siddiq attained majority some time is 1919 and in 1921 sold the property to the appellant. The appellant brought the suit out of which this appeal has arisen for recovery of 5/6ths of the property being the share of Siddiq ia it.

(2.) The Court of first instance held that the appellant was entitled to recover the 5/6ths of the property but subject to payment of 5/6ths of the sum of Rs. 400 that went to pay off the mortgage created by Mt. Chanda.

(3.) The learned Additional District Judge reversed the decree and dismissed the suit in toto. He held that the suit was barred by time. He also recorded a finding to the effect that, in any case, the appellant could not succeed without paying 5/6ths of a sum of Rs. 900, and not of a sum of Rs. 400 only.