JUDGMENT

Rachhpal Singh, J. - This is a defendant's appeal arising out of a suit brought by the plaintiff-respondent to recover a sum of Rs. 20,000 which has been decreed by the trial Court. There is no dispute as regards the facts of the case, on 5th December 1922, Muhammad Abdul Jalil Khan, executed a mortgage-deed in favour of the plaintiff in respect of village Pindaul in consideration of a sum of Rs. 20,000. Abdul Jalil Khan is dead and the defendant is his legal representative. The plaintiff admits that Abdul Jalil Khan was incompetent to mortgage the village at the time of the execution of the deed in suit. The plaintiff therefore sued for a simple money decree. On 3rd December 1928 the defendant executed a deed of acknowledgment admitting his liability for the payment of the aforesaid sum. The defendant resisted the claim. He pleaded that the deed set up by the plaintiff was invalid in toto and no simple money decree could be passed in favour of the plaintiff. It was also urged that the suit was not within limitation. Some other pleas were also taken but it is not necessary to refer to them as they were given up. The learned Subordinate Judge decreed the suit holding that th