SHYAM SUNDER PRASAD Vs. RAJ PAL SINGH

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the High court at Patna in Second Appeal No. 262/90 dated 29/8/1993 dismissing the Second Appeal in limine. The appellant-plaintiff filed Title Suit No. 238/26 of 1962-65 for declaration of title to and possession of Plots Nos. 1093 and 1094 as owner and for possession of Plot No. 1095 as Ijradar. The trial court decreed the suit, the appellate court found that though the plaintiff had title and possession at one point of time but there is no definite date of dispossession or discontinuation of the plaint-schedule property. The plaintiff had failed to prove possession of the suit land within 12 years of the suit when the possession was discontinued. It is not known as to when he came into possession. The suit was, therefore, barred by limitation under Article 142 of the Limitation Act, 1908 for short "the old Act". It was accordingly dismissed.

(2.) Article 142 of the First Schedule and First Division to the old Limitation Act, provides that "for possession of immovable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession", the period of 12 years begins to run from the date of dispossession or discontinuation. Article 144 adumbrates that "for possession of immovable property or any interest therein not hereby otherwise specially provided for", the suit shall be laid within 12 years when the possession of the defendant becomes adverse to the plaintiff.

(3.) Article 64 of the Limitation Act, 1963 (for short, "the new Act") provides that "for possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed", the period of limitation of 12 years begins to run from the date of dispossession. Article 65 provides that "forpossession of immovable property or any interest therein based on title, the period of limitation of 12 years begins to run when the possession of the defendant becomes adverse to the plaintiff'. Under the old Limitation Act, all suits for possession whether based on title or on the ground of previous possession were governed by Article 142 wherein the plaintiff while in possession was dispossessed or discontinued in possession. Where the case was not one of dispossession of the plaintiff or discontinuance of possession by him. Article 142 did not apply. Suits based on title alone and not on possession or discontinuance of possession were governed by Article 144 unless they were specifically provided for by some other articles. Therefore, for application of Article 142, the suit is not only on the basis of title but also for possession.