KISHTA BAI Vs. MARTHAND RAO

JUDGEMENT

(1.) The sole question argued in the appeal is whether the suit filed by the plaintiff for possession of Survey No. 17 was barred by limitation.

(2.) Suit No. 37/1 of 1953-54 was instituted on 15-9-1953 by one Kishtabai against seven defendants for possession of certain properties and other consequential reliefs. Kishtabai compromised with the first four defendants on 11-2-1954 in respect of certain properties and a decree was drawn up between the parties in terms of the compromise. The suit was continued as against defendants 5 to 7 who are the contesting respondents in the present appeal. It is therefore sufficient to restrict the narration of facts to the subject matter of dispute in this appeal. One Dattatraya was the last owner of the suit property comprising Survey No. 17 of Kollur village in Gulbarga District. During his minority, his mother Malsabai sold the land to one Deoji in 1328 Fasli (1918-19) representing that it was her own property. The land was mutated in the name of Deoji in June 1919. Then, subsequently Malsabai sold the property to one Abdul Khader. Defendant No. 5 filed a Civil suit to enforce his right of pre-emption against Malsabai, Deoji and Abdul Khadar and obtained a compromise decree for possession in 1331 Fasli (1921). He was put in possession in 1331 Fasli itself. Defendants 6 and 7 are the full brothers of defendant No. 5. Dattatraya died as a minor in 1330 Fasli while Malsabai died in 1356 Fasli i.e., on 1st July 1947. Kishtabai then instituted the suit as the stepsister of Dattatraya, for possession and for recovery of Rs. 600/- towards mesne profits for the years 1951 to 53.

(3.) Respondents 5 to 7 contested the suit on various grounds. The only material contention for the purpose of the appeal is one of limitation. They pleaded that the suit was barred by limitation.