MUSAMMAT BAKHTAWAR BEGAM; MUSAMMAT HUSAINI KHANAM Vs. MUSAMMAT HUSAINI KHANAM; MUSAMMAT BAKHTAWAR BEGAM

JUDGEMENT

(1.) The suit which has given rise to these con-Khanam solidated appeals from a decree and judgment of the High Court of Allahabad was instituted by the plaintiff- respondent in the Court of the Subordinate Judge of Cawnpore for the redemption of a mortgage executed so long ago as the 6th of January 1830. The suit was brought on the 6th of January 1899, and the only and vital question presented at the Bar for determination in this case is whether the claim is barred by the Statute of Limitation (Indian Act XV of 1877).

(2.) The plaintiff Husaini Khanam alleges that on the 6th of January 1830 her father, Aga Fateh Ali, in conjunction with another relative named Aman Ali, executed a mortgage by way of conditional sale in respect of twelve villages lying within the district of Cawnpore in favour of one Ata Ullah Khan, since deceased. The other plaintiffs are persons who have acquired title from Husaini Khanam. The principle defendant in the action was one Ali Husain Khan, who was the representative of Ata Ullah. He died since the decision by the High Court in the appeal from the decree of the Subordinate Judge, and he is now represented by his widow, Bakhtawar Begam, the appellant. The remaining defendants are assignees of interests created by the original mortgagee or his representatives in the mortgaged premises.

(3.) The mortgage deed is not forthcoming, but both the Courts in India have found that the contract between the parties to the transaction is, for all material purposes, substantially set forth in the proceeding of the Collector s Court dated the 18th of September 1830, on an application for mutation of names in the Revenue Register.