MEFUJABEN WD O KUTUBUDDIN IBRAHIM Vs. NAVINCHANDRA MOHANLAL LADHAWALA
LAWS(GJH)-1979-7-10
HIGH COURT OF GUJARAT
Decided on July 30,1979

MEFUJABEN WD/O KUTUBUDDIN IBRAHIM Appellant
VERSUS
NAVINCHANDRA MOHANLAL LADHAWALA Respondents

JUDGEMENT

M.K.SHAH - (1.) * * * *
(2.) With regard to limitation it is urged by Mr. Shah that in the instant case as the suit was for getting possession of the land from which the plaintiff had been dispossessed by virtue of the encroachment made by the subtenant the suit would be governed by Art. 64 of the Limitation Act 1963 which provides limitation of 12 years and it begins to run from the date of dispossession. It is Mr. Shahs contention that looking to the evidence on record particularly the evidence of the plaintiffs own witness Ayodhyadasji Purshattamdasji it is shown that the encroachment took place between the years 1951 and 1955 when it became complete and the period of limitation will therefore beginto run from 1955 and the suit therefore filed in 1969 is time barred.
(3.) Mr. S. C. Shah the learned Advocate appearing for the respondent plaintiff raises a preliminary point and contends that in the instant case as the issue with regard to limitation was not pressed in the trial court by the learned Advocate appearing for the defendants the same cannot be pressed for the first time in this court. Mr. Shah in the alternative further urges that in any case in the instant case as the material on record shows the act of trespass was done by the defendants in the year 1963 and therefore the suit is within time.;


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