GULAB MAHIBOOB BAGWAN Vs. DAMU KASHINATH BHOSALE

JUDGEMENT

(1.) The appellant is the original plaintiff who filed Regular Civil Suit No. 218 of 1986, claiming the declaration that the sale deed dated 13.01.1980 does not confer any title or interest upon the defendant in respect of the suit property and the plaintiff is the exclusive owner of the suit property. The another relief claimed is that of the permanent injunction restraining the defendant from disturbing the possession of the plaintiffs or encroaching upon the suit land in any manner.

(2.) On 30.06.1992, this court passed an order as under;

(3.) I have gone through the judgment and order passed by both the Courts below and I find that the findings on merits by the lower appellate Court are cryptic and it has failed to discharge its duty and obligation to deal with the considered findings recorded by the trial Court on all the issues. In view of this, if the findings recorded by the lower appellate Court on the issue of limitation is reversed in this second appeal, then the matter will have to be sent back to the lower appellate Court to decide the appeal on its own merits in accordance with law. Hence, the substantial question of law framed by this Court is to be considered as under; Whether the suit in question was barred by limitation.