SRIMATI PRIYA SAKHI DEBI Vs. BIRESHWAR SAMANTA

JUDGEMENT

(1.) This is an appeal by the plaintiff from the judgment of Mr. Justice Fletcher See 28 Ind. Cas. 917---Ed, whereby he set aside the judgment and decree of the Subordinate Judge of Burdwan.

(2.) The action was brought to enforce a mortgage-bond, dated the 27th June 1887, executed in favour of the plaintiff by the original defendants Nos. 1 and 2. Under the bond the principal was to be paid by instalments and it was provided that the whole amount remaining unpaid should become payable upon default in payment of any one of the instalments with interest at 2 per cent, per mensem. One of the instalments was not paid on 11th February 1893; there was, however, a payment pf interest on 18th October 1893 and the suit was brought on the 22nd August 1905.

(3.) The dispute in this case relates to certain land which has been described as plot No. 1. It appears that on 16th February 1894, this plot of land was sold by the, then owners, called Mullick, to the predecessor-in-title of defendants Nos. 1 and 2, and that these defendants and their predecessors were in possession of the plot from that date until 1892.