BACHAN SINGH Vs. DHIAN DASS

JUDGEMENT

(1.) THIS is an appeal by special leave. The facts of the case lie within a narrow compass and the questions of law arising for decision are also few.

(2.) THE suit from which this appeal arises is for possession of the suit properties on the basis of the plaintiff's title. One Tehal Singh sold the suit properties to the predecessors-in- interest of the defedants by means of a deed dated October 11 1894. His son Krishna Singh sued for a declaration that the said alienation being an alienation of ancestral properties was inoperative agains his reversionary interest as it had been effected without consideration and without legal necessity. This suit was filed on October 11, 1895. THE suit was decreed in part. THE decree declared that the plaintiff Krishna Singh will be entitled to recover possession of the suit properties after the death of his father on payment of Rs. 2,500.00. This decree was made on November 28, 1895. But Krishna Singh died during the lifetime of Tehal Singh. THEreafter Tehal Singh adopted the appellant on 11/04/1944. Tehal Singh died in 1949. THE present suit was brought in 1959.

(3.) IT was conceded at the bar that if the suit property is held to be the ancestral property qua Tehal Singh then the relevant period of limitation is that prescribed in Clause (b) of Article 2 (A) of the Punjab Limitation (Custom) Act, 1920.