AMBALAL PURSHOTTAMBHAI PATEL Vs. MAFATBHAI HIRABHAI

JUDGEMENT

(1.) PRESENT revision application under Section 115 of the Code of Civil Procedure, is filed by the petitioners-original defendants No. 13 to 15 challenging the impugned order dated 30th March, 2007, passed by the learned trial court passed below Exh. 102 passed in Special Civil Suit No. 200 of 2005 by which the learned trial court has dismissed the said application submitted by the petitioners to dismiss the suit on the ground that it is barred by limitation.

(2.) SHRI J. C. Vyas, learned advocate appearing on behalf of the petitioners-original defendants No. 13 to 15 has vehemently submitted that, as the petitioners are claiming their rights on the basis of the sale deed of 1997 and the suit has been filed in the year 2005, the same would be barred by limitation. At this stage, it is required to be noted that the suit is for permanent injunction also restraining the defendants, their agents and servants from interfering and/or disturbing the possession of the plaintiffs, and in that suit, the original plaintiffs have claimed ownership on the basis of sale deed of 1997-1998. Therefore, when the suit is for injunction, the limitation would always start from the date on which the defendants tried to disturb the possession of the plaintiffs. Merely because the rights have been claimed on the basis of sale deed of 1997-1998 so far the suit for injunction is concerned, the limitation would not start from the sale deed 1997-1998 but it will be from the date on which there is a threat to the possession by the defendants. Under the circumstances, it cannot be said that the learned trial court has committed any error in not dismissing the suit on the ground that the suit is not barred by limitation.

(3.) IN view of the above, there is no substance in the present revision application and the same deserves dismissal and is accordingly dismissed. Rule is discharged. There shall be no order as to costs.