Case Note & Summary
The present Second Appeal arises from a judgment and order dated 7th October 1991 of the Additional District Judge, Pune, in Civil Appeal No.265 of 1984, which confirmed the judgment and decree dated 23rd June 1983 of the Joint Civil Judge, Senior Division, Pune, in Special Civil Suit No.131 of 1972. The appellants, who were the plaintiffs before the trial court, filed a suit for declaration of title and partition of land bearing Survey No.113 in Kothrud, claiming a 1/3rd share in the suit property. The respondents, who were the defendants, contended that the suit was barred by limitation. The trial court and the first appellate court both held that the suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the appellants had knowledge of the respondents' adverse possession since 1959, but the suit was filed in 1972, beyond the 12-year limitation period. The High Court, in the Second Appeal, examined the findings of the courts below and found that the appellants had admitted in their plaint that they knew about the respondents' possession and denial of title since 1959. Therefore, the suit filed in 1972 was clearly beyond the limitation period. The High Court held that no substantial question of law arose for consideration and dismissed the Second Appeal, confirming the dismissal of the suit as time-barred.
Headnote
A) Limitation Act - Article 65 - Suit for Possession Based on Title - Adverse Possession - The suit for declaration of title and partition must be filed within 12 years from the date when the plaintiff's possession becomes adverse to the defendant. In the present case, the appellants had knowledge of the respondents' possession and denial of title since 1959, but the suit was filed in 1972, beyond the limitation period. Held that the suit was barred by limitation. (Paras 1-10) B) Limitation Act - Article 65 - Date of Knowledge - Adverse Possession - The date of knowledge of adverse possession is crucial for computing limitation. The appellants admitted in their plaint that they knew about the respondents' possession and denial of title since 1959. Therefore, the suit filed in 1972 was beyond 12 years from the date of knowledge. Held that the courts below correctly dismissed the suit as time-barred. (Paras 5-10)
Issue of Consideration
Whether the suit for declaration of title and partition filed by the appellants was barred by limitation under Article 65 of the Limitation Act, 1963, when the appellants had knowledge of the respondents' adverse possession more than 12 years prior to filing the suit.
Final Decision
The Second Appeal is dismissed. The judgment and order of the Additional District Judge, Pune, dated 7th October 1991, confirming the dismissal of the suit as barred by limitation, is upheld.
Law Points
- Limitation Act
- 1963
- Article 65
- Adverse Possession
- Date of Knowledge
- Suit for Partition
- Declaration of Title
