SADA NAND Vs. BHAGTI DEVI AND ORS.

JUDGEMENT

(1.) PRESENT appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed by learned District Judge Hamirpur HP in civil appeal No. 49 of 1991 decided on 23.3.2000 titled Sada Nand v. Sahamboo Ram and others.

(2.) DECEASED Shamboo Ram and others filed suit for declaration that plaintiffs and defendants No. 2 to 6 are the owners in possession of 3/8th shares and are tenants of 1/8th share over land comprised khata No. 1 min khatauni No. 5 khasra Nos. 650/15, 652/15, 28, 200, 291, 302 measuring 6 kanals 5 marlas as per jamabandi for the year 1984 -85 situated in village Tika Khangalta, Tappa Pahlu, Tehsil Barsar, District Hamirpur H.P and revenue entries to the contrary are wrong and unauthorized and are liable to be corrected. In alternative plaintiffs have sought relief that in case co -defendant No. 1 dispossessed plaintiffs and defendants No. 2 to 6 during pendency of the suit then decree for possession of suit land be also passed in favour of plaintiffs and against co -defendant No. 1. It is pleaded that plaintiffs and co -defendant No. 1 are descendants of Tulsi and Fata and defendants No. 2 to 6 are descendants of Sudama, Dhari, Jaggan and Hamira. It is pleaded that parties are cultivating the suit land as tenants since long. It is pleaded that in the year 1974 plaintiffs became owners of 3/16th shares and continued as tenants over 1/16th share under Smt. Chinti Devi and defendants No. 2 to 6 became owners of 6/16th shares and continued as tenants of 2/16th share under Chinti Devi. It is pleaded that co -defendant No. 1 in collusion with revenue officer between 1950 -1974 unauthorizedly got himself entered in possession of suit land exclusively in revenue papers. It is pleaded that during consolidation operation in the village plaintiffs and co -defendant Nos. 2 to 6 came to know about revenue entries recorded in the name of co -defendant No. 1. It is pleaded that cause of action arose in the year 1987 when plaintiffs acquired knowledge of wrong entries and when co -defendant No. 1 threatened to dispossess plaintiffs and co -defendants No. 2 to 6 from suit land. Prayer for decree of suit as mentioned in relief clause of plaint sought.

(3.) WHETHER suit is barred by limitation? ...OPD -1