-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.145 OF 2008 APPEAL NO.145 OF 2008 APPEAL NO.145 OF 2008 Adam Hasan Shaikh ...Appellant vs. Babasaheb Hussein Deshmukh & Anr. ...Respondents Mr.T.D.Deshmukh for the Appellant Mr.Yadu Bhargavan i/b M/s. R.Bhargavan & Associate for the Respondent Nos.1 & 2. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 28, 2008 : FEBRUARY 28, 2008 : FEBRUARY 28, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellant. The Appellant is the original plaintiff. A suit was filed by the Appellant for declaration that the deed of mortgage dated 22nd April 1993 was void. A prayer was made for reconveyance of the suit property in favour of the Appellant. The trial court dismissed the suit. The trial court recorded a finding that the Appellant-plaintiff has failed to prove that the document dated 22nd April 1993 is in the nature of the mortgage and is not in the nature of out and out sale. The trial court held that the prayer for reconveyance is barred by limitation. The Appeal preferred by the Appellant has been dismissed. The finding on the issue of limitation has been confirmed by the Appellate Court. 2. The submission of the learned Advocate for the Appellant is that the finding on the issue of limitation is perverse in -2- as much as no specific date was mentioned in the document on or before which the suit property was to be re-conveyed. The courts below have found that the document at Exh.36 provides that the suit property was to be reconveyed within a period of six months. Therefore, the courts below have rightly invoked Article 54 of the Limitation Act,1963 and have held that the suit filed on 7th December 2000 was barred by limitation. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE