AIMADAR MANDAL Vs. MAKHAN LAL DAY

JUDGEMENT

(1.) This is a suit for possession of certain land on. establishment of title. The only question is whether the suit is barred by limitation.

(2.) The material facts are as follows : By a mortgage made in 1880 in favour of the plaintiff, the lands in dispute were mortgaged to him to secure the principal sum of Rs. 450. The mortgagee some years afterwards instituted a suit to realize his security.

(3.) He obtained a decree, and on the 21 of January 1898, the property was sold under that decree and the mortgagee became the purchaser. On the l6 of June 1898, symbolical possession was delivered to him under his purchase. The present suit was instituted on the 9 of July 1900. It appears that the landlord of the property in dispute instituted a rent suit against the mortgagor and a decree was obtained in that suit. The property was sold on the 20 of April 1886, and the purchaser under that decree subsequently let the property in question to defendant No. 1 on the 18 of November 1886, who has since been in possession. The question then is whether as against defendant No. 1 the plaintiff's suit for possession is barred by limitation.