KALLU Vs. RAM DAS

JUDGEMENT

(1.) This defendants appeal arises out of a suit "for enforcement of a hypothecation lien by sale of the property specified." The only question with which we are concerned is whether Art. 132, Lim. Act or whether Art. 116/ 115 applies, and whether the suit is barred by limitation. The facts are as follows:

(2.) One Dewan Singh, whose heir is the present plaintiff, had two properties, which we will call A and B. On 19 September 1902, he executed a simple mortgage of both the properties A and B in favour of Ramrich Pal.

(3.) On 18 February 1905, he sold the property A to the present defendants for Rs. 700 leaving with them Rs. 480 to pay off the mortgage in favour of Ramrich Pal.