Judgement

Appeal (No. 74 of 1935) from a decree of the High Court in its appellate jurisdiction (June 21, 1934) which reversed a decree of the High Court in its ordinary original civil jurisdiction (May 25, 1933).

This appeal involved the question whether the appellant was entitled to a decree for money based on the covenants in an indenture of mortgage, dated June 27, 1924, and whether a conveyance, dated March 14, 1928, by which the respondent Kumar Dinendra Mullick conveyed to the appellant certain of the mortgaged properties for the price of Rs.45,000 operated as an acknowledgment of liability and satisfied the requirements of s. 19 of the Indian Limitation Act (IX. of 1908), so as to prevent the suit being barred by limitation. The conveyance recited (inter alia) " And whereas the vendor did on the 13th January, 1928, contract with the purchaser for the absolute sale to him of the said .... premises 24 and 25, Upper Chitpore Road, free from encumbrances at or for the price of Rs.45,000 which is to be set off against the balance of the purchasers dues from the vendor and the estate of Kumar Ganendra Mullick, deceased, .... under the said Indenture of Additional security bearing