INDERJIT KAUR Vs. AMRITSAR IMPROVEMENT TRUST ASSOCIATION AMRITSAR

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dtd. 30/4/2016 passed by the first Appellate Court whereby appeal preferred by the respondent against the judgment and decree dtd. 23/7/2014 partly decreeing suit of the appellant was allowed, the judgment and decree of the trial court were set aside and suit filed by the appellant- plaintiff was dismissed.

(2.) One of the issues raised by the respondent is that suit of the plaintiff is hopelessly time barred and issue No. 4 was framed by the trial court in this regard. The trial court dismissed the suit for grant of permanent injunction but allowed her claim for mandatory injunction with a direction to the respondent to issue necessary allotment letter alongwith details of balance payment in favour of the plaintiff-appellant.

(3.) The Appellate Court determined the question of limitation against the appellant/plaintiff. A relevant extract from para 18 of the judgment, reads as follows:-