Judgement

Appeal (No. 86 of 1927) from a decree of the High Court (March 27, 1925) reversing a decree of the Subordinate Judge of Mozaffarnagar (January 20, 1923).

The suit was brought by Alice Georgina Skinner to recover possession of five villages by redemption of a mortgage executed in 1863 by her father. The plaintiff had become entitled to the villages in 1919 under her fathers will upon the successive deaths without issue of her three brothers. The defendant purchased the villages in 1904 from the Nawab of Rampur, to whom the mortgagees, acting as absolute owners, had mortgaged, and had subsequently sold them, in 1898 and 1903 respectively. The plaintiff died before the appeal to the High Court; the present appellant was her executor.

The facts appear fully from the judgment of the Judicial Committee.

The effect of the will of the plaintiffs father and the position as to mortgages created by him were dealt with by the Board in 1913 in Skinner v. Naunihal Singh. (( 1913) L. R. 40 I. A. 105.)

The Subordinate Judge made a decree in favour of the plaintiff ; he held that art. 140 of the Indian Limitation Act, 1908, Sch. I., applied, and that consequently the suit was not barred b