MAHOMED MUSA Vs. AGHORE KUMAR GANGULI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal, dated the 16th June 1909. That judgment was pronounced upon and reversed a judgment and decree of the Second Subordinate Judge of the 24-Pergunnahs dated the 31st August 1908.

(2.) The object of the suit is for the redemption of two mortgages dated 22nd July 1848 and 4th April 1871. The defence which has been sustained is that the right to redeem was extinguished many years ago, in circumstances which will now be mentioned.

(3.) Many of the facts of the case are comprised in a chapter which may be said to have definitely closed in the year 1873; and it is accordingly unnecessary to narrate them in detail. After the 1848 mortgage was granted by one Faslul Karim, his wife Khodajanessa obtained from him a conveyance of her husband s zemindary as a gift in lieu of dower. This occurred in 1850. In 1851 she began proceedings for redemption of the mortgaged properties. Many and various legal steps took place in that decade, and from at least the year 1863 no record remains of any proceedings in the suit. It is admitted that no useful light can now be thrown upon that litigation,-which, in any view, appears never to have been determined.