SHIV BALAK SINGH Vs. RAM KISHORE

JUDGEMENT

(1.) This is a defendant's second appeal arising out of a suit filed by the plaintiffs respondents for a declaration, recovery of possession in respect of the disputed house along with site and for recovery of Rs. 120/- as damages. The suit was decreed by the trial court on 7-11-1958. Against the said judgment an appeal was filed which was dismissed by the lower appellate court on 8th October, 1960. Against the said judgment the present appeal has been filed in this court.

(2.) Learned counsel for the appellants has raised only one contention before me that the suit is barred by limitation. In support of his submission he has relied upon Articles 139, 142 and 144 of the old Limitation Act of 1908 as the suit had been filed on 7th August, 1950.

(3.) The facts relevant for deciding the present appeal are as follows: Amba Prasad Gupta, respondent No. 8 (who is now dead and his heirs have been brought on record) was permitted to prosecute the suit as sole plaintiff under Order 22, Rule 10, C. P. C. The predecessor in title of Amba Prasad Gupta was one Fakir Chand. The suit is in respect of a house. The defendants appellants claimed their rights through Bhagwan Din, who was the tenant of Fakir Chand.