ANIL KUMAR SHUKLA Vs. BIPIN BIHARI SHUKLA

JUDGEMENT

(1.) This second appeal preferred by the appellants/defendants No. 1 and 9 was admitted for hearing on the following substantial question of law :-­ "Whether both the Courts below were right in holding that the suit was within limitation ?"

(2.) Two plaintiffs namely Bipin Bihari and Naveen Kumar brought a suit for declaration of title stating inter alia that they are in joint possession of the suit land along with defendant No. 1 and the alienation made by defendant No. 1 in favour of other defendants vide sale deeds (Ex. P/9 to P/21) are not binding on them and defendant No. 1 be restrained from further alienating the suit land.

(3.) Defendant No. 1 filed his written statement and set up a plea that plaintiffs are not entitled for any relief as claimed by them and partition has already taken place in the year 1956, as such, extent of co-­parcenery interest has already come to an end and moreover, plaintiffs' suit is time barred.