ASHOK Vs. SURYABHAN

JUDGEMENT

(1.) THE revision is admitted and finally heard with the consent of counsel for both sides.

(2.) THE only question raised in this matter is of limitation. respondent Nos.1 to 3 are plaintiffs in Regular Civil Suit No.918/2008 before 1st Jt. Civil Judge, Senior Division, Aurangabad. They have brought suit for declaration of their share in the suit property Gat No.704 of Chikalthana and to declare sale deed dated 7.12.1971, executed in favour of Shalikram Jaiswal (the father of contesting defendants) by defendant No.1 Fakirchand as not binding on them. Plaintiffs have sought partition of their share.

(3.) AGAINST the order, present revision is filed. Learned counsel for petitioner/ defendant pointed out that the sale deed was executed in favour of father of defendant Nos.2 to 5 and that the suit is hopelessly barred. According to him, under Article 59 of the Limitation Act, 1963, period of limitation is of three years from the date of knowledge; and under Article 60, for the wards, three years after attaining majority.