Judgement

Consolidated Appeals from a judgment and decree of the High Court (November 11, 1907) reversing a judgment and decree of the Subordinate Judge of Cawnpore (January 4, 1904).

The suit which gave rise to the appeals was commenced by the respondent on January 6, 1899, and was to redeem a mortgage of twelve villages made on January 4, 1830. The mortgage in question was made by conditional sale, there being a sale with possession to the mortgagee, subject to a condition that the sale should " be cancelled upon payment of the amount of the mortgage in nine years." The actual mortgage deed was not forthcoming, but the above terms appeared from a Proceeding of the Collectors Court of 1830.

The plaintiffs by their plaint alleged that the terms of the mortgage as agreed were that whenever the mortgage money should be satisfied (out of the usufruct) or paid (by the mortgagors) before or after the stipulated time the mortgaged property should be redeemed; also that the principal and interest had been paid at the end of 1245 Fasli, namely, by September 4, 1838.

The defendants, among other defences, relied on the Limitation Act, 1877, and pleaded that the suit was barred.

Five of the v