KHANDU SHANKAR CHOUDHARI Vs. YESHWANT DHAKU KHATRI

JUDGEMENT

(1.) THE present respondent No. 1/Ori. Plaintiff instituted Regular Civil Suit No.85 of 1972 against the present appellant and the respondent No.2 for possession of land bearing Survey No.261 at Village Dhanora. THE possession was sought from the defendant No.1 i.e. the present appellant by the plaintiff on the basis of title. THE Trial Court decreed the suit of the plaintiff i.e. present respondent No.l, directing the legal representatives of the deceased defendant No.1 to hand over the possession of the suit field to the plaintiff, and also pay damages of Rs.1,500/- One of the legal representative of original defendant No. 1 Khandu preferred Regular Civil Appeal bearing No.229 of 1990 before the District Court, Nandurbar. THE Ad-hoc Additional District Judge, Nandurbar dismissed the said appeal. It also allowed the cross-objection filed by the plaintiff regarding separate inquiry for future mesne profit. THE said legal representative of defendant No.l Khandu preferred the present Second Appeal against the aforesaid Judgments.

(2.) THE Second Appeal has been admitted on following substantial question of law :- "A] Whether the District Court committed error in not appreciating the question of limitation in proper perspective and holding that the suit is not barred by limitation ?"

(3.) I have heard learned Counsel for the respective parties extensively on the substantial question of law framed by this Court, while admitting the appeal. Before proceeding to deal with their arguments.it would be appropriate to reproduce the relevant provisions of Limitation Act, 1963, necessary to adjudicate the controversy. <IMG>JUDGEMENT_358_ALLMR4_2011Image1.jpg</IMG> <IMG>JUDGEMENT_358_ALLMR4_2011Image2.jpg</IMG>