BANKU BEHARY CHATTERJI Vs. NARAINDAS DUTT

JUDGEMENT

(1.) This case involves two questions upon the Indian Limitation Act. One Sarat Chunder Dutt effected four mortgages upon his various properties. The first encumbered two properties only; the second and third encumbered the same two properties and thirty-four others; the fourth, which has given rise to the present appeal, encumbered all thirty-six and nominally at any rate, some three others.

(2.) The fact that there ware these additional properties might in one view have some bearing upon the points to be decided, and the counsel for the respondents insisted upon them; but in their Lordships view they are so shadowy and uncertain that they may be thrown out of consideration in the present case.

(3.) The date of the fourth mortgage was December 21, 1900 the fourth mortgagee being the present appellant.