KHARGA BAHADUR GURUNG AND ORS. Vs. NIRMAL GURUNG

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment and Decree dated 30.03.2013 passed by the District Judge, Special Division -II, East Sikkim at Gangtok in Title Suit No. 13 of 2012.

(2.) BY the impugned Judgment and Decree, the suit filed by the Plaintiff has been decreed, therefore, the Defendants have filed this Appeal.

(3.) MR . B. Sharma, learned Senior Counsel for the Appellants - Defendants, firstly contended that the suit filed by the Respondent -Plaintiff was barred by limitation and the Appellants -Defendants had perfected their title by way of adverse possession. According to him, the Appellants -Defendants were in actual physical possession of the suit land of Schedule -B since the year 1977, whereas, the suit was filed by the Plaintiff on 16.02.2005, therefore, it was hopelessly time barred. He contended that mere pendency of litigation between the parties does not prevent running of 'limitation' and cited decisions in Des Raj and Others v. Bhagat Ram (deceased by LRs) and Others:, AIR 200 SC (Supp) 512; P.T. Munichikkanna Reddy and Others v. Revamma and Others: : AIR 2007 SC 1753; and Khatri Hotels Private Ltd. and Another v. Union of India and Another: : AIR 2011 SC 3590.