SRIMATI SARAT KAMINI DASI Vs. NAGENDRA NATH PAL

JUDGEMENT

(1.) The plaintiffs prefer this appeal. The facts are as follows: Their predecessors bought certain property in execution of a mortgage-decree on 6 May 1913, but the sale was not confirmed until 28 January 1914 when the judgment-debtor's application to have the sale set aside was rejected. In the interval between the decree and the sale, the mortgagor executed usufructuary mortgages in favour of the defendants, and the latter realized rents from the tenants. The suit was brought to recover the sums realized by the defendant as rent for the Baisakh and Bhadra kists of 1320 Fasli which fell due after the date of plaintiffs purchase. It was instituted on 16 September 1916.

(2.) The question of plaintiffs right to recover has been finally determined in their favour. It is also settled that Art. 109 of the Limitation Act is the Art. applicable to the case.

(3.) The learned Judge, after remand, has found that some items were realized within three years of the suit, and he has awarded the plaintiffs a decree for those amounts, but he has dismissed the claim in regard to other items on the ground that they were received more than three years before the institution of the suit. The appeal is in regard to the sums which have been disallowed.