MUNICIPAL CORPORATION RAIPUR Vs. RAJPAL SINGH

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 30-09- 2008 passed by XI th Additional District Judge, Raipur (CG) in Civil Suit No. 23-A of 2006 wherein the said court decreed the suit filed by the respondents/plaintiffs for declaration of title and possession regarding plot Nos.81 area 1000 sq.ft., 72 area 100 sq.ft., 75 area 1000 sq.ft., 66 area 1000 sq.ft., 62 sq.ft., 69 area 1000 sq.ft and 63 area 1000 sq.ft., situated at Telibandha which are allotted to them in residential house scheme by the appellant/defendant.

(2.) As per the appellant, the land was sold to respondents/plaintiffs on 30-8-1988 and 9-2-1989 and suit was filed on 30-6-2003 for declaration of title and possession which is apparently time barred as per Articles 64 and 65 of the Limitation Act, 1963 and plaint ought to have been rejected under Order 7 Rule 11 of the CPC but the trial court decreed the suit contrary to factual matrix and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under.