JAGAT RAM Vs. VARINDER PRAKASH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 3-10-1997 of the Single Judge of the High Court of Himachal Pradesh, Shimla in regular second appeal No. 410 of 1991. The appellant before us is the plaintiff whose suit for possession was dismissed by the High Court holding that the suit was barred by limitation. The correctness of the judgment is impugned before us.

(2.) The facts not in dispute are as follows: One Sunder, owner of the suit land, died leaving behind his widow Smt. Kirpi and two daughters, namely Smt. Manshan and Smt. Sita Devi. The appellant-plaintiff, namely Jagat Ram, is the son of Smt. Manshan while Varinder Prakash claimed to be son of Smt. Sita Devi but adopted by Smt. Kirpi - widow of Sunder.

(3.) Sunder had executed, during his life time, a gift deed on 23-6-1920 in favour of his daughter. Smt. Manshan (mother of the plaintiff). He died on 17-9-1941. On 3rd August, 1945, Smt. Kirpi, widow of Sunder, filed suit against Smt. Manshan which finally resulted into a compromise to the effect that Smt. Kirpi will enjoy the suit property as long as she was alive and after her death the property will be inherited by her daughter Manshan. It appears that on 23-8-1958, Smt. Kirpi executed an adoption deed in favour her second daughters son, namely Varinder Prakash - defendant and also executed gift deed in his favour. Smt. Manshan, mother of the plaintiff, filed a suit on 27-5-1959 for cancellation of the gift deed and for a declaration that the adoption was illegal. The suit was decreed by the Trial Court on 16-1-1960. On 5-9-1967, Smt. Kirpi, widow of Sunder, died. The decree obtained by Smt. Manshan was ultimately challenged in Letters Patent Appeal before the High Court by the defendant, which was dismissed on 18-11-1981.