KRISHNAJI SHRINIVAS JALVADI Vs. MADHUSA APPANSA LADABA (NO1)

JUDGEMENT

(1.) This appeal arises out of a suit for the possession of survey Nos. 55 and 57. The argument has taken some time as it depends upon the question whether there is any evidence for the findings of the lower Courts. But the facts are not many, and may be shortly stated.

(2.) There is, first, a preliminary point, that, with regard to survey No. 57, there has been no notice issued by this Court of an appeal having been admitted, and the question has been raised before me whether an appeal can be admitted only as to part of the contentions of the parties. I shall deal with this matter after I deal with survey No. 55 which depends on the merits of the case.

(3.) The last undisputed owner of survey No. 55 was one Shankarsa. He died in 1915. It is not disputed that on November 3, 1909, Shankarsa made a gift of the property to his maternal nephew Madhusa (who is defendant No. 1 in the suit), and that Madhusa sold it on August 27, 1915, to the plaintiffs father, who died in 1918. The question is whether the plaintiffs have a subsisting title in the property in which the title is proved to have devolved upon him through the sale-deed of August 27, 1915, the deed of gift, dated November 3, 1909, and ultimately by succession from his father. Both the lower Courts have held that the suit is barred under Art. 142 of the Indian Limitation Act.