Valmiki J. Mehta, J. - (1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit (since deceased and now represented through legal heirs) impugning the Judgment of the Trial Court dated 29.05.2018 by which the trial court has dismissed the suit filed by the plaintiff for declaration, possession and mesne profits under Section 6 of the Specific Relief Act, 1963.
(2.) As seen from the heading of the suit, as also para 14 of the plaint, the subject suit was a suit under Section 6 of the Specific Relief Act, i.e. claiming possession within six months of the alleged dispossession.
(3.) In the present suit therefore no issue arises of claim of possession by the appellants/plaintiff of the suit property in terms of an ownership title, and the right to possession of the suit property is only claimed as per the possessory title and of dispossession within six months prior to the subject suit having been filed on 23.10.2002. In such a suit, therefore, the appellants/plaintiff can only succeed in case the appellants/plaintiff have proved to have been in possession of the suit property within six months prior to filing of the suit.;