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Brojo Lal Singh Vs. Gour Charan Sen and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Limitation
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal111
AppellantBrojo Lal Singh
RespondentGour Charan Sen and ors.
Excerpt:
limitation act (xv of 1877), sch ii, articles 132 and 147 - mortgagor and mortgagee--suit to follow mortgaged property. - prinsep, j.1. the point for our decision in this appeal is simply whether the suit falls under article 132 or article 147 of schedule ii of the limitation act, 1877. the suit has been tried in both the courts as a suit by which the purchaser of the rights of the mortgagee endeavours to bring the mortgaged property to sale by enforcing his lien, the mortgage being a simple mortgage. it appears to us that a suit of this description falls within the terms of article 147, and that the suit was consequently not barred. many other points apparently arise, which on second appeal were re not competent to decide, and in directing the trial of the appeal before the lower appellate court, we think that all those points may be raised and properly decided there. the costs will abide the result.
Judgment:

Prinsep, J.

1. The point for our decision in this appeal is simply whether the suit falls under Article 132 or Article 147 of Schedule II of the limitation Act, 1877. The suit has been tried in both the Courts as a suit by which the purchaser of the rights of the mortgagee endeavours to bring the mortgaged property to sale by enforcing his lien, the mortgage being a simple mortgage. It appears to us that a suit of this description falls within the terms of Article 147, and that the suit was consequently not barred. Many other points apparently arise, which on second appeal were re not competent to decide, and in directing the trial of the appeal before the lower Appellate Court, we think that all those points may be raised and properly decided there. The costs will abide the result.


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