Decided on March 14,1969

Noor Khan And Others Appellant


- (1.) This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh dated September 25, 1964, allowing the appeal filed by the respondents before us and dismissing the suit filed by the appellants before us, hereinafter referred to as the plaintiffs. The High Court held that the suit was barred by limitation and this is the only question which arises in the appeal before us.
(2.) The relevant facts for the determination of the question of limitation are as follow: The plaintiffs, representing Anjuman-i-Islam and the Muslims of Bhind, filed a suit against the defendants, respondents before us and hereinafter referred to as the defendants, in the Court of Civil Judge; Bhind claiming the declaration of title and possession of the land in suit. In the plaint it was alleged that the Masjid Idgah owned by and in the possession of the Muslims had existed for a long time and part of the Masjid shown in the plaint adjoined the shops of the defendants. On April 30; 1957, the northern portion of the danda was being repaired at the instance of the plaintiffs but the defendants prevented the repairs and made a report under section 145 of the Criminal Procedure Code in the Court of S.D.M., Bhind., In these proceedings as a result of the final order of the S.D.M., Bhind, on March 4, 1959 the defendants were put in possession of the property. Revision Was filed in the Court of District and Sessions Judge, but it was held by that Court that the land is dispute was in the possession of the defendants and that they had the right of way through it.
(3.) It was further alleged in the plaint that the defendants had been illegally possessing the suit land and using the same since January 30, 1957, for which damages were claimed. The cause of action was alleged to have arisen on March 4, 1959, the date of the last Judgment of S.D.M. Bhind.;

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