SHAMSHER SINGH Vs. GURTEK SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court holding that the suit filed by the plaintiff-appellant is barred by limitation. The plaintiff initially filed a suit for permanent injunction restraining the defendants from the use of path for the flow of water as an outlet from the hand-pump to the pond. The said suit was dismissed on 19.10.1987, but the appeal was accepted on 29.08.1988. The plaintiff claimed that the defendants demolished the wall on 10.10.1986. The plaintiff also made a grievance that when he proceeding towards the Police Station, he was assaulted for which FIR No. 339 dated 11.10.1986 under Section 307 IPC was lodged and such trial has resulted into conviction. Thereafter, the defendants have also filed a suit, which was dismissed as withdrawn on 22.12.1989. For these acts, the plaintiff filed the suit for damages claiming a sum of Rs. 8500/- on the following heads:

(2.) After considering the evidence as well as documents on record, the learned trial Court decreed the suit granting a sum of Rs. 1000/- towards damages for mental worry; Rs. 500/- for costs of material for the construction of wall and Rs. 1000/- for obstruction of water i.e. total amounting to Rs. 2500/-with future interest @ 6% till its realization. However, in appeal, the learned first Appellate Court set aside the judgment and decree holding that the suit is barred by limitation inasmuch as the cause of action has arisen to the plaintiff on 10.10.1986, when the wall was demolished, whereas the suit has been filed on 02.02.1990 i.e. beyond three years of cause of action having arisen in terms of Article 113 of the Limitation Act.

(3.) Before this Court, the appellant has claimed the following substantial question of law: