DARSHAN SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) LEAVE granted.The appeal arises from the judgment and decree dated 2.3.1994 in RSA No.

(2.) 31 or 1987 of Punjab and Haryana High Court. The respondent filed the suit for possession on 4.11.1982. Admittedly, he was a minor at the time of the death of his father. It is also an admitted fact that he attained majority on 17.4.1977. He filed the suit for possession of the plaint schedule portion with in 12 years under Articles 65 of the Schedule to the Limitation Act, 1963, Act 21 of 1963 (for short 'the Act'). it is contended for the appellant that the suit ought to have been filed" within three years from the date of cessation of respondent's disability but it was filed beyond three years and that, therefore, the suit is barred by limitation. A conjoint reading of section 6 (1) and 8 of the Act shows that where a person is entitled to institute a suit, the limitation begins to run for a minor or insane or an idiot to institute the suit within the same period after the disability has ceased as would otherwise have been allowed from the time specified there for in the third column of the Schedule i.e. 3 years from the date of cessation of disability. We find force in the contention.

(3.) "8. Special exceptions. - - Nothing in Section 6 or in Section 7 applies, to, suits to enforce rights of pre -emptions, or shall he deemed to extend, for more than three years from the cessation of the disability of the death of the person affected thereby, the period of I imitation for any suit or application."