PANCHAM Vs. ANSAR HUSAIN

JUDGEMENT

(1.) THIS is a suit to enforce, by the sale of property taken as security, payment of the sum said to be due upon a mortgage. The only question which now remains for decision is whether the appellants' right to maintain the suit is barred by limitation. The Subordinate Judge of Allahabad, on grounds to which their Lordships will return, by his judgment of May 31, 1918, held that the right was barred: the High Court at Allahabad in its judgment on appeal on April 12, 1921, reached the same conclusion, but on other grounds. The plaintiffs, the mortgagees, appeal.

(2.) THE defendants, successors of the original mortgagors, were not represented by counsel before their Lordships.

(3.) THE mortgage deed in suit is dated February 21, 1893. It purports to have been granted by one Saiyid Zawar Husain and his mother, Musammat Sadar-un-nisa Bibi. She was a pardanashin lady. The deed is not executed by her, but by her son on her behalf. Both are long since dead. The son died in 1911, the mother in 1914. As a result all the facts in relation to the original transaction will probably now never be ascertained with accuracy. For this the appellants must be held responsible. Proceedings in relation to the mortgage were delayed by them until long after the death of the principal actors in the transaction. Nor has any explanation of their prolonged inaction been offered.