RAGHURAJ SINGH Vs. BABU SINGH

JUDGEMENT

(1.) The plaintiff-appellant filed a suit for possession of a share of the property left by one Bhoop Singh who died in the year 1882. Bhoop Singh had a son Megh Singh and also left a widow Srimati Janki Kunwar. Mutation was effected in the village papers half and half in the names of Janki Kunwar and Megh Singh. Megh Singh died in 1901 and his eight-annas share in the property was mutated in favour of his widow, Srimati Lal Kunwar, and his son, Rustam, half and half. On Rustam's death in 1903 Lal Kunwar's name was recorded on that four-annas share also, with the result that Janki Kunwar's name remained recorded over eight-annas share and Lal Kunwar's name over the remaining eight-annas. In 1910 Janki Kunwar died leaving a daughter and a daughter's son, who are defendants to this suit. They claimed mutation over the eight-annas share which had been entered in the name of Janki Kunwar, and Lal Kunwar objected and claimed that the entire property had come to her by inheritance. Lal Kunwar's objection was dismissed, but she filed an appeal. During the pendency of the appeal on 23-6-1910, the parties entered into a compromise by which the defendants were given a one-third share in the property and the remaining two-thirds was mutated in the name of Lal Kunwar. On 20-9-1930, Lal Kunwar surrendered the entire inheritance to the plaintiff, Eaghuraj Singh, her daughter's son. Lal Kunwar died in 1941, and on 3-10-1942, Eaghuraj Singh filed a suit for recovery of the one-third share that the defendants had got under the compromise dated 23-6-1910.

(2.) The defendants raised the plea that the suit was barred by limitation as the plaintiff could have filed a suit for possession after the surrender in his favour on 20-9-1930.

(3.) The learned single Judge came to the conclusion that the plaintiff's cause of action for a suit for possession having accrued on 20-9-1930, the suit was barred by limitation.