BALMUKUND Vs. DHAPUBAI

JUDGEMENT

(1.) THIS second appeal stands admitted on following questions of law:

(2.) GOVINDRAM has two sons - Kanhaiyalal and Balmukund. Govindram died some 16 years back (now 19 years). After his death an application was made on 13.11.67byBalmukund for mutation. His name was entered in municipal records on 26.11.67.

(3.) THE trial Court held that the suit house being ancestral property both brothers had 1/2 share. It was also held that defendant did not perfect title by adverse possession. Since the suit was filed only for declaration and not also for possession, it was dismissed. An appeal was filed challenging the judgment and decree, while defendant filed a cross objection. During the pendency of appeal an application for amendment under O.6, R. 17, C.P.C. was filed amending the plaint, claiming the relief for possession. The application was rejected and cross objection upheld setting aside the finding regarding adverse possession and holding suit barred by limitation.