DESA Vs. SADHU RAM

JUDGEMENT

(1.) The sole point involved in this second appeal against the judgment and decree of the learned Additional District Judge, Karnal, dated June 13, 1969 is as to whether the suit filed by the appellant was within limitation or not.

(2.) Ballu father of the appellant gave in exchange 182 bighas 1 biswa of land to respondents Nos. 1 to 3 vide registered deed dated Jan, 7, 1953. The appellant filed a suit for declaration under the custom that the exchange would be ineffective against his reversionary rights, the land being ancestral in the hands of his father, which was dismissed by the trial Court. But on appeal the learned Additional District Judge, Karnal, vide judgment dated Dec. 21, 1957 partly allowed the appeal and gave a declaration respecting 67 bighas 13, biswas of land which was found to be ancestral. The decree of the first Appellate Court was confirmed by this court vide judgment dated September 5, 1966.

(3.) The present suit was filed on January 2, 1967 for possession of 34/91 share of the land mentioned in the plaint with the allegation that Ballu died in the year 1964 leaving behind the plaintiff as his sole heir and that the cause of action had arisen on Sept. 5, 1966 when the decree was confirmed by this Court.