DAYA SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) This appeal is directed against the final judgment and order dated 10th of September, 2001 of a learned Judge of the Punjab and Haryana High Court dismissing a second appeal being Regular Second Appeal No. 3416 of 1997, inter alia, on the ground that the suit for declaration and injunction filed on 21st of August, 1990 was barred by limitation under Article 58 of the Limitation Act, 1963 (in short 'the Act') which could only be filed within three years from the date when the cause of action arose.

(2.) Therefore, the only question that needs to be decided in this appeal by us is: whether the suit for declaration and injunction could be held to be barred by limitation as the same was filed after 18 years of the alleged compromise between the parties. For the purpose of deciding this question on limitation, as noted hereinabove, which was only urged by the learned Counsel for the appellants before us and the High Court also decided the second appeal on this question of limitation, we need to state the facts which would be relevant for the purpose of deciding the question of limitation only. The facts are as follows:

(3.) The plaintiffs/appellants were the owners and in joint possession of 1/9th share in the entire land measuring about 286 Kanals and 5 Marlas of Khewat No. 359 Khatoni No. 702- 710 situated in village Sukhchain falling under Sirsa Tehsil. Two other individuals named Jang Singh and Jangir Singh were the owners of 2/3rd share in the said total land. The appellants and the two individuals were co-owners in the said total land. These two individuals, namely, Jang Singh and Jangir Singh had sold their entire 2/3rd share to the respondents on 7th of June, 1965 for a sale consideration of Rs. 33,500/-. The said share of land was already under mortgage with the respondents. In 1965, the respondents got their names mutated in the relevant record of rights as owners of the area purchased by them as indicated in the aforesaid sale deed. The appellants filed a pre-emption suit being Pre-emption Suit No. 377 of 1966 in the Court of the Subordinate Judge, Class II, Sirsa against the respondents for possession of 2/3rd share sold to them and got it decreed in their favour by the trial court by a judgment and decree dated 30th of November, 1967.