SHANTI DEVI Vs. KISHAN GUPTA

JUDGEMENT

(1.) THERE is no appearance on behalf of the appellant despite second call. Further time is sought. The matter cannot be adjourned. I have heard the learned counsel for the respondent and have also gone through the record.

(2.) THIS is a regular second appeal which is pending since 2009 and only on 23.8.2013, the substantial question of law was formulated which reads as under : -

(3.) THE contention of the learned counsel for the appellant in the past had been that Article 64 of the Limitation Act, 1963 would be applicable which prescribes the period of limitation of 12 years to be reckoned from the date of dispossession while as Article 65 lays down a similar period of limitation but such period is to be reckoned from the date when the possession of the defendant becomes adverse to that of the plaintiff. But there is a rider to this that under Article 65, the suit has to be based on title.