SAHU RAM CHANDRA Vs. BHUP SINGH

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Allahabad High Court dated the 26th May, 1913, which confirmed on an appeal the judgment and decree of the Subordinate Judge of Mainpuri dated the 29th February, 1912.

(2.) The suit is brought to enforce a mortgage granted so far back as the 6th January, 1883, over, inter alia, one biswa zamindari share in Mauza Pendat, Pargana Mustaphabad. The mortgage was granted in favour of one Bhagirath. It was paid off by Earn Chandra, one of the defendants, in the course of an action brought by him to enforce a subsequent security granted over the same property. It appears from the judgment appealed from that the plaintiffs proceeded against the property comprised in their own mortgage and that the decree-holders purchased the property themselves. All this happened over twenty years ago. It is manifest from these facts that, in so far as the advance of 200 rupees was concerned, a claim for repayment of it as a simple debt would be long ago barred by limitation.

(3.) Accordingly, it is the mortgage which is sued upon and the plaintiffs claim as standing in right of it, they having discharged the debt of Bhagirath, the original mortgagee. Their Lordships had not the advantage of hearing any argument in support of the judgment appealed from, the respondents not being represented by counsel; but there is sufficient in the case to suggest that other elements going to dispute the validity of the appellants claim might have been brought before the Board. Their Lordships, however, were willing to consider the arguments submitted to them upon the one particular point hereafter to be explained and they agree with the argument of the learned counsel for the appellants that, in view of a certain conflict of decisions in the various Courts in India, it may be well that the point should be settled.