KRISHNA CHANDRA MANDAL Vs. JAKERAL HAQ

JUDGEMENT

(1.) The only question that arises for determination in this appeal, if any appeal lies, is whether the application out of which it arises is barred by time.

(2.) The plaintiffs-respondents brought a suit for redemption about 14 years ago, and the Munsiff, who tried the suit, with a lamentable disregard of Section 92 of the Transfer of Property Act, 1882, directed that the plaintiffs should get possession on paying Rs. 240. No time was fixed for the payment, nor was any order made for foreclosure or sale. Nothing further was done and now the plaintiffs produce the money and ask to be put in possession of the property.

(3.) The Munsiff held that the application was barred by time, but this view has not been accepted by the learned District Judge, and the defendants appeal.