PANNA Vs. MADANLAL

JUDGEMENT

(1.) THIS is a civil second appeal arising out of a suit filed by Madanlal against Panna and Girraj on the 18th of December, 1947, for possession of land, Khasra Nos. 344, 347,and 351, in village Natoj,tehsil Lachman-garh (Distric Alwar) on the allegations that the plaintiff's father who was in the occupation of the suit land died in St. year 1986 leaving the plaintiff a minor boy. After the death of the father of the plaintiff and during the minority of the plaintiff the defendants entered into the possession of the suit land and continued to occupy it without any right whatsoever. After coming of age the plaintiff filed this suit for possession on the basis of title. The suit was contested on the point of limitation and on several other grounds.

(2.) THE trial court passed a decree on the 30th of November, 1950 in favour of the plaintiff for possession of the suit land which was confirmed on appeal by the District Judge on the 19th of December, 1951. THE defendant has now come in second appeal against the judgment the decree of the lower appellate court and the following two points have been raised here. (1) THE suit of the plaintiff was barred by the law of Limitation in force on the date of the filing of the suit. (2) THE village in which the suit land is situate is a Shamlat Deh, in other words, the entire village is jointly owned by all the co-sharers of the village and the plaintiff therefore could only claim joint posses-sion of the suit land and he could not be allowed exclusive possession.