ANGANYAN Vs. GURDAT SINGH

JUDGEMENT

(1.) This appeal arises out of a suit instituted by Gurdat Singh, the plaintiff-respondent, against Chiranji and others, the defendants-appellants, and another set of defendants, who are arrayed as pro forma respondents in the appeal to recover possession over certain land by demolition of the house constructed thereon by the appellants.

(2.) The respondents were owners of the land in dispute; and, as a result of partition among them, Gurdat Singh, the plaintiff-respondent, had become owner of the land. Before the partition, the respondents had instituted a suit against Durga, the predecessor-in-title of the appellants, to obtain possession over the same land by removal of the constructions made thereon by him. Durga died during the pendency of the suit; and the appellants were substituted in his place. That suit was decreed against the appellants on 10th December 1936. In execution of the decree, a warrant for delivery of possession in terms thereof was issued, and on 2nd November 1938, the pairokar of the respondents executed a dakhalnama, wherein he stated that he had obtained actual possession over the land.

(3.) It has been admitted before me that, un-less the delivery of possession on 2nd November 1933, can give a fresh start for computation of limitation, the present suit would be carried by time. The main question for consideration in this appeal, therefore, is the effect of the delivery of possession aforesaid.