BINDHYACHAL CHAND Vs. RAM GHARIB CHAND

JUDGEMENT

(1.) This Letters Patent appeal raises a question of limitation.

(2.) The plaintiff belongs to the same family as the defendants other than defendants 1 to 3. The plaintiff claimed possession over certain sir lands on the allegation that ha was a co-sharer of these lands with the defendants other than defendants 1 to 3, but in defiance of his rights the defendant, Paras Ram, executed a deed of gift in favour of defendants 1 to 3 on 5 May 1919. The plaintiff alleged that the deed of gift was contested in the Revenue Court and also in the civil Court and thereafter on the plaintiff's failure, defendants 1 to 3 dispossessed the plaintiff of the lands in 1922. The plaintiff claimed joint possession over a half share in the lands in suit.

(3.) The suit was dismissed by the Court of first instance on the finding that the plaintiff had failed to establish his title. Tbore was an appeal and the lower appellate COM!; found at one time that the plaintiff and the defendants other than defendants 1 to 3 were co-sharers and it remanded the suit for a finding as to whether the plaintiff had been in possession of the property in suit within 12 years of it. There was an appeal against the order of remand to this Court and the appeal was dismissed. On remand the learned Additional Munsif who heard the suit again decreed the suit for joint possession and decreed a certain amount of money as damages. There was again an appeal to the District Judge and the learned additional Subordinate Judge who heard the append dismissed the suit, being of opinion that the plaintiff had failed to prove his possession within 12 years of the suit.