Sir George Rankin:-

This appeal is brought by the plaintiff from a decision (23rd May 1936) of the Court of the Judicial Commissioner for the North-West Frontier Province affirming a decree of the Subordinate Judge of Peshawar dated 25th March 1935, whereby the appellant was awarded Rs. 8110. The appellant complains of this sum as inadequate; partly, but not solely, on the ground that a three-year period of limitation has been applied to his claim and not a six-year period under Art. 120 of the Schedule to the Limitation Act of 1908. On 12th March 1917 one Sohbat Khan, who was the owner of a considerable area of land in the village of Sheikhu in the Peshawar District, mortgaged 1011 kanals 8 marlas of his land to the appellant and his brother. The mortgage was for a term of 10 years and was a mortgage with possession, the sum secured being Rs. 44,233. Possession was not, in fact, taken by the mortgagees, but by a second document of even date the mortgaged land was leased by the mortgagees to Sohbat Khan for the same term at a rent of Rs. 1224 per annum which was taken to represent the yearly interest on the mortgage debt. The appellant, for reasons which need not here be detailed, b