R. C. MITTER, KHUNDKAR
Sm. Gumti Devi – Appellant
Versus
Babu Jugal Kishore Baisya – Respondent
JUDGMENT
R.C. Mitter, J. - This appeal is on behalf of the judgment-debtor and the principal point raised is one of limitation. The facts bearing upon the said point are as follows : One Kampta Persad, a person governed by the Mitakshara School of Hindu law mortgaged 12 annas share of some properties situated at Unao in the United Provinces of Agra and Oudh to the respondent on 12th August 1920, for Rupees 60,000. He had at that time two sons of the names of Sheo Gobind and Tribhut Nath. Sheo Gobind had separated from him. Two more sons were born later, Biswambar and Biseswar, the latter being a posthumous one. In 1923, the mortgagee instituted his suit in the Court of Subordinate Judge at Unao to enforce the mortgage. Tribhut Nath was then dead, and Biseswar was not then born. The defendants were Kampta Persad and Biswambar, a minor, represented by his mother Gumti Debi as guardian ad litem. The preliminary decree was passed on 12th April 1924 and the final decree on 17th January 1925. The mortgaged properties were eventually sold for Rs. 59,354 leaving Rs. 31,234 odd as unsatisfied. For this amount together with subsequent interest a decree under Order 34, Rule 6, Civil P.C., was
Sreenath Chakravarti and Others Vs. Priyanath Bandopadhya and Others
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