MT KUBRA BEGAM Vs. FAZAL HUSAIN

JUDGEMENT

(1.) This is a defendants appeal and arises of a suit brought by the plaintiff respondent for recovery of Rs. 500 on account of the dower-debt due to Nur Jahan who was arrayed as Defendant No. 1 in the suit. Mt. Nur Jahan was married in or about the year 1908 to Aminuddin and the dower fixed at the time of the marriage was Rs. 500. By a deed, dated the 23 of February 1909, Aminuddin promised to pay the said sum on demand and mortgaged certain immovable properties as security for the amount. Aminuddin died on the 22 April, 1919, leaving the defendants to the suit as his heirs. Mt. Nur Jahan transferred all her rights under the deed of 1909 to the present plaintiff on the 31 of October 1919, and the present suit was filed by the plaintiff respondent on the 19 of April 1922.

(2.) Various pleas were taken in defence, but the only point with which I am concerned in the present appeal is the plea of limitation. The defendants maintained that the document dated the 23 of February 1909, was a simple mortgage-deed and the amount secured by that deed being payable on demand, the cause of action for the recovery of the same accrued to Mt. Nur Jahan on the date of the execution of the deed and no suit having been brought within six years from the date of the deed, the suit was time barred. The trial Court held that the suit was barred inasmuch as it was filed more than 12 years after the execution of the deed of 1909. The lower appellate Court held that the suit is not time-barred although more than 12 years have elapsed from the date of the deed.

(3.) The plaintiff respondent did not pray for a decree for sale, and all that he claimed was a simple money-decree as against the assets of Aminuddin. It is obvious, therefore, that no question of 12 years rule of limitation arises in this case.