NAUNIHAL SINGH Vs. ALICE GEORGINA SKINNER

JUDGEMENT

(1.) Both these appeals arise out of a suit for redemption brought by Alice Georgina Skinner in the Court of the Subordinate Judge. This lady died after the decision in the Court below and is now represented by her executor, Mr. J.R.R. Skinner.

(2.) The suit was filed on the 11 May, 1920 and the mortgage of which, redemption was sought was executed by the plaintiff's father, Thomas Skinner, on the 1 September, 1863, to secure a loan of Bs. 50,000 which he took from a firm of money-lenders, Lakshmi Chand and Gobind Das who were popularly known as the Seths of Muttra. Since the date of the mortgage, the mortgaged property has passed into the hands of many persons the result being that the plaintiff found it necessary to implead over 80 defendants. The learned Subordinate Judge has passed a preliminary decree for redemption, dated the 31 January, 1923, by which he directs the plaintiff to pay a sum of Rs. 1,09,641-118.

(3.) The suit was not decreed in full, for the Subordinate Judge was of opinion that the plaintiff was not entitled to recover possession of Tilbegampur, one of the items of property mortgaged. And as regards another item named Daula Rajpura which at the time the suit was brought was in the possession of the Nawab of Pahasu, the Subordinate Judge declared that the suit had abated. The Nawab died during the pendency of the suit and the plaintiff failed to make his legal representative a party to the suit within the time limited by law.