BHAGMAL Vs. SITA RAM

JUDGEMENT

(1.) The plaintiff in execution of a decree against Jahangira, defendant No. 1, put up his half share in a house for sale and purchased it himself on the 17 of November, 1905. Formal possession of this undivided share was given to him on the 12 of August, 1906. Before the plaintiff was given formal possession of Jahangira's half share, the latter, sold the whole house on the 15 of March, 1906, to Hansraj, who in turn sold it on the same day to Bhagmal, the son of Jahangira.

(2.) In 1918, the plaintiff brought a suit against Jahangira for possession of his half share in the house by partition and got a decree on the 22nd of February, 1919. When the Amin proceeded to execute the decree, he was resisted by Bhagmal, who claimed ownership of the entire house on the strength of his sale-deed. The Amin made a report to the Civil Court executing the decree, on the 19 of November, 1921. The Court by an order dated 22nd November, 1921, directed that the decree-holder should take whatever steps he considered necessary. He was allowed up to the 7 of December, 1921, and on that date he applied for adjournment for calling evidence, but his application for adjournment was rejected, and the execution case was struck off. On the 5 of January, 1923, the plaintiff instituted the present suit for possession of the half share in the house.

(3.) The defence raised the pleas that the suit was barred by one year's limitation under Art. 11A and also by 12 years limitation, as the plaintiff had not been in possession of the house within 12 years before the date of suit.