SHEOPHER SINGH Vs. DEO NARAIN SINGH

JUDGEMENT

(1.) In this case, the Courts below have agreed in holding that the plaintiffs are entitled to a declaration of their rights in certain land. The defendants have appealed to this Court contending that according to the rulings of this Court, the plaintiffs claim to a declaration is barred by limitation. The other grounds of appeal have been abandoned before me.

(2.) The facts found are that the plaintiffs have all along been in possession of the land in question and were recorded as the proprietors thereof at the fifth Settlement. At the sixth Settlement, owing, it would seem, to the introduction of a new method of recording shares, the Settlement Authorities made an entry in respect of this land which showed that the plaintiffs were entitled to a smaller area. They objected to the entry but their objection was thrown out in November 1901. They nevertheless remained in undisturbed possession of all the land to which they were entitled. In April 1909, the Collector ordered that the entries should be corrected and the plaintiffs rights recorded as at the fifth Settlement. But the Commissioner on appeal set aside the Collector s order in August 1909. In their plaint, the plaintiffs say that the defendants began to interfere with them in 1910, on the strength of Commissioner s order of 1909. But according to the finding, there can have been no real disturbance of the plaintiffs possession.

(3.) The questions for decision are whether time began to run against the plaintiffs in 1901 and, if so, whether a fresh cause of action accrued to them in August 1909. It is common ground that the period of limitation applicable to the claim for a declaration is six years.