GANPATI BALA DHOBALE Vs. BHIKU SAKHABAM GHODKE

JUDGEMENT

(1.) The question in this appeal is whether the plaintiff-appellant's suit is barred by limitation, as both the lower Courts have held.

(2.) The appellant sued to recover on a mortgage-bond in his favour dated July 12, 1908, passed by the defendant-respondent. The principal amount payable was Rs. 500 and the relevant clauses in the bond are as follows:- In the month of Shrawan every year, I shall repay Rs. 23 and in 1900 and in 1928 Shrawan I shall pay the last instalment of Kb, 25 and shall repay the entire amount in twenty years. I shall pay the first instalment on July 12, 1909. In case I fail to pay any instalment on the due date as above 1 shall pay interest at the rate of twelve per cent, per year on the instalment amount and if I do not pay any instalment on the due date then you should after waiting for a year from the date of such default and if I still fail to pay the amount of this instalment then without waiting for the due date you should recover the entire amount and have the property sold through Court.

(3.) The appellant alleged certain instalments of which no documentary evidence was forthcoming. Both the lower Courts held that nothing had been paid and that under Art. 132 of the second schedule of the Indian Limitation Act, the moneys sued for became due on July 12, 191 0, and the present suit instituted on August 27, 1925, was barred by limitation.