RAM LAKHAN Vs. TULSHA WIDOW OF MATA PRASAD

JUDGEMENT

(1.) THIS is an application in revision by a defendant against whom a suit for possession instituted under Section 9, Specific Relief Act has been decreed by the learned Munsif of Gyanpur, district banaras.

(2.) THE plaint allegations, which have been found to be correct by the learned Munsif, are that the plaintiffs (opposite parties 1 and 2) were in peaceful possession of the land in dispute but they were, without their consent and otherwise than in due course of law, dispossessed therefrom by the applicant and other persons who were impleaded in the Court below as co-defendants and who are arrayed in this revision as opposite parties 3 to 6. These findings of fact have to be accepted as correct in these proceedings.

(3.) THE only question of law that arises for decision is whether the suit was time-barred. In order to appreciate this question, it is necessary to mention certain facts. The plaintiff's dispossession took place on 12-7-1949. The suit was instituted in the Munsif's Court on 21-12-1949. On 3-4-1950 the plaint was ordered to be returned for presentation to "proper Court" by which term was meant the revenue Court. The plaint was actually returned on the next day, i. e. on 4-4-1950. It was presented in the revenue Court tha-same day. On 6-6-1951 the revenue Court held that the suit was cognizable by the civil Court. It ordered the plaint to be returned for re-presentation to the said Court. The plaint was actually returned on 4-7-1951 on which date it was again presented before the learned Munsif who entertained it. This presentation was certainly made beyond the period of six months from the date of actual dispossession. Article 3 of the Schedule to the Limitation Act prescribes a period of six months calculated from the date of dispossession for instituting a suit under Section 9, Specific Relief Act.