BEHARILAL RAMLAL Vs. JAGANNATH RAMLAL

JUDGEMENT

(1.) IN this second appeal, the only question to be decided is one of limitation. By the reversing judgment of the appeal court, the suit was dismissed as barred on the ground that the plaintiff was ousted from the suit lands prior to twelve years of the filing of the suit.

(2.) IT is not disputed that the suit, which was filed in the year 1977, for the purpose of limitation would be governed by Article 110 of the Limitation Act, 1963, which prescribes twelve years' period of limitation for a suit of this nature by a person excluded from joint family property, to enforce a right to share therein. The limitation commences when the exclusion becomes known to the plaintiff.

(3.) A few necessary facts for deciding the question of limitation may now be stated. The parties are step brothers. The respondent/defendant is elder of them from the first wife of their father Ramlal, who died in the year 1945. It is also not disputed before me that the property in suit was joint family property, inherited by them from their father. The appellant/plaintiff claimed a share in the property by the present suit.