BHAGWAN SINGH Vs. BHAGTA

JUDGEMENT

(1.) The following pedigree-table gives the relationship of the parties-

(2.) The trial Court found almost all the issues in favour of the plaintiffs and passed a decree in their favour for possession of the property in dispute. Bhagta filed an appeal in the Court of the Senior Subordinate Judge, Ludhiana, who upset the decree of the trial Court on the finding that the plaintiffs suit was barred by time. The plaintiff have come up in second appeal to this Court.

(3.) Mr. Harbans Lal Sarin, learned counsel for the plaintiff-appellants, relies on Sohan Singh v. Jagir Singh, 1942 AIR(Lah) 114 , and urges that the terminus a quo for a suit like this is not the date of the will but the date of the knowledge of the will by the plaintiffs. He urges that the plaintiffs acquired the knowledge for the first time on 22nd June, 1933 and this date must be held to be the terminus a quo. He further contends that plaintiff No. 1 was entitled to file the suit within six years from the date he became major. It is common ground between the parties that plaintiff No. 1 was born sometimes in April 1932, and if the contention of Mr. Sarin with regard to the applicability of section 6 of the Indian Limitation Act be correct, the period of limitation allowable to plaintiff No. 1 would be up to April 1956. There is however, a fallacy in the argument of Mr. Sarin. Plaintiff No. 1 was not in existence on the date of the will which is 29th May 1928. The right to sue accrued to him because of the fact that his father himself from filing a declaratory suit contesting the will. In such a case the period of limitation allowable to the plaintiff would be the same which was allowable to the plaintiff would be the same which was allowable to Niranjan Singh. That period must be taken to be six years from 22nd June 1933 and expired on 22nd June 1939. Limitation was also claimed on the basis that the defendant remained out of British India for a period of about six years. Even adding this period of six years, the limitation would expire sometimes in 1945. The present suit filed on 10th May 1951 will not be within limitation. Section 7 of Punjab Act 1 of 1920 lays down -