SUWABAI W/O. RADHAKISAN Vs. KRISHNA RAVJI

JUDGEMENT

(1.) RAOJI (deceased) and his son Krishna (defendant 1) mortgaged fields, Survey Nos. 140/2 and. 69/1 on 14th July 1923 with Raghunath Gulji Marwari, and on 23rd May 1925, Krishna and his brother Motjram (defendant

(2.) ) mortgaged the same two fields and third field Survey No. 111/1 with Ramkjsan (defendant 3). 2. On 22nd December 1925, they sold field No. 69/1 to the plaintiff-appellant Radhakisan (now deceased). Raghunath Gulji Marwari thereafter instituted civil Suit No. 37 of 1928 against the mortgagors, Ramkisan and Radhakisan and on 18th September 1928, obtained a decree for foreclosure. He assigned this decree to Narayan who was substituted as plaintiff in lieu of him in that suit. On 28th September 1929, Radhakisan deposited the full amount of the decree and a final decree for fall satisfaction was drawn up.

(3.) THE defendants Krishna and Motiram were proceeded against ex parte and the defendant Pandurang, who admitted his purchase of field Survey No. 140/2, claimed that the suit was time barred in respect of him. The most active contestant was the defendant Bamkisan who admitted the two mortgages and the subsequent sale in the plaintiff's favour but denied that the plaintiff by making payment was substituted for the original mortgagee and asserted that he had no right to recover the amount paid or to foreclose the property.