SHYAMBAI Vs. PREM

JUDGEMENT

(1.) The substantial questions of law involved and to be answered in this appeal are as under:--

(2.) The trial Court, by its judgment and decree dated 15.1.2000 passed in Civil Suit No. 216-A/94, dismissed the suit finding inter alia that the part of the suit land bearing Khasra No. 603/2, area 1.37 acre was purchased by the plaintiff's father Samaru by registered sale dated 16.03.1950 from one Gadaram and it stands proved and it has not been proved that the property has been purchased from the sale proceeds. It is further held the suit for bare declaration of title is not maintainable in absence of seeking relief of possession as well as the suit is barred by limitation.

(3.) The plaintiff preferred first appeal thereagainst. The first appellate Court by its judgment & decree dated 31.01.2002 passed in Civil Appeal No. 27-A/2000, has dismissed the appeal holding that as per revenue records name of defendant Prem Umar has been recorded since 1971 and the suit was filed in the year 1973 was apparently barred by limitation.