JAGDISH Vs. SMT. BADAMBAI

JUDGEMENT

(1.) This revision has been preferred against an order of the First Additional Judge to the Court of District Judge, Ratlam, dated 13.6.1989 whereby the learned A.D.J. held that the suit is within time.

(2.) The brief facts of the case are that respondent No. 1 filed a suit for declaration, injunction and for mesne profit as an indigent person alleging that there was a house No. 3/289 (at present No. 26/42 ) situated in Mohalla Sutharo Ka Bas Ratlam which was purchased by her on 11.12.1967 by a registered sale-deed. Because of the ailment of her mother-in-law she had gone to Rajasthan where her husband expired. As such she was held up in Rajasthan and when she returned after May 1973 she found that respondent No. 2 was residing in the house. On enquiry it transpired that a false registered sale-deed had been got executed in favour of the petitioner No. 1 by impersonation of respondent No. 1 on 18.4.1972.

(3.) She immediately lodged a report at the Police Station and a criminal case started but ultimately the petitioners were acquitted of the charges. Respondent No. 1 had sought the relief from the Court that the alleged sale-deed was bogus and it be declared void and illegal and also prayed for possession of the suit house. The present suit was instituted on 19.4.1980. The petitioner denied the allegation and several pleas were raised including that of limitation. An issue was framed on the point "whether the suit is within limitation as is not filed within three years from the date of the accrual of the cause of action."The learned lower Court has held that the suit was within limitation. Aggrieved by the said finding, the present revision has been filed.