GAJADHAR SINGH Vs. HARI SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that the plaintiff is the owner of the property in suit and that the defendants have no right therein except as representatives of the mortgagee.

(2.) The Court of first instance decreed the claim and disallowed the various objections raised by the defendants.

(3.) On appeal the learned Subordinate Judge has allowed the appeal and dismissed the suit on three grounds: (1) That the suit was barred by time; (2) That the suit was barred under Section 42 of the Specific Relief Act; and (3) That the claim was barred by the provisions of Section 233(K) of the Land Revenue Act.