PRATAP SINGH Vs. RAVNEET SINGH

JUDGEMENT

(1.) The instant appeal under Sec. 96, C.P.C. has been preferred by the plaintiffs against the judgment and decree dtd. 5/5/2025 in O.S. No. 238 of 2022 Pratap Singh and others v. Ravneet Singh and others passed by the court of Additional Civil Judge(Senior Division) Gautam Buddha Nagar whereby, the defendants application under Order VII, Rule 11(d), C.P.C. has been allowed on the ground that the plaintiff's suit was barred by limitation and consequently, the plaint has been rejected.

(2.) Factual matrix is that the plaintiff - appellants filed O.S. No. 238 of 2022 in the lower court with the averments that the plaintiff's are the residents of village Kotwalpur, Pargana Loni, District Ghaziabad. The plaintiffs and the defendants-third party are owner in possession of the property which was specified as A, B, C, D, E, F, G, H, I ,J, K and L in red colour in the map annexed with the plaint, the details of which was mentioned in para-2 of the plaint. The predecessors of the plaintiffs Dulichand alias Dulia and Jodha, residents of village Kotwalpur, Pargana Loni, Tehsil Ghaziabad, District Meerut, purchased the property situated in village Namoli, Pargana Dankaur,Tehsil Sikandrabad, District Bulandshahar, now Tehsil Sadar, District Gautam Buddha Nagar, from Sumat Prasad through sale-deed dtd. 3/3/1945, which was registered in book No. 1, Jild No. 546, on pages 72/73, serial No. 228 on 5/3/1945 in the office of sub-registrar, Sikandrabad, Bulandshahar. On the basis of the above sale-deed the plaintiffs were claiming ownership of the disputed land.

(3.) It was further averred by the plaintiffs that their predecessors Dulichand alias Dulia, Premchand, Girwar, Nawal Singh, Jodha Singh, Sahab Singh, Munshi, Mangat and Horam jointly purchased through sale-deed dtd. 3/3/1945 immovable property from Banarsi Das situated in village Namoli, Pargana Dankaur, Tehsil Sikandrabad, District Bulandshahar, which was registered in book No. 1, Jild No. 546, pages 70/71, serial No. 227 on 5/3/1945 in the office of sub-registrar, Sikandrabad, District Bulandshahar. On the basis of the above sale-deed, the plaintiffs became owner in possession of the 2/9 th share and the defendants third party became the owners in possession of the remaining share in the above immovable property.