VIRCHAND VAJEKARAN SHET Vs. KONDU KASAM ATAR

JUDGEMENT

(1.) This suit was brought by a mortgagee under a simple mortgage to recover the amount of his claim by sale of the mortgaged property.

(2.) The mortgage was effected on the 23rd of June 1899, the mortgage-debt becoming due on demand which was made on the 1st January 1900. The suit was instituted after the death of the mortgagor, a Mahomedan, against his only son, a minor, on the 23rd of June 1911. It was, therefore, within time if properly constituted.

(3.) The plaint alleged that the mortgagor was dead, that his only heir was the defendant and that the property of the deceased was in that defendant s possession.