A.M. Khanwilkar, J. - (1.) The singular question that emerges for consideration in this appeal is: whether Section 14 of the Limitation Act, 1963 (for short "the 1963 Act"), has no impact in view of the provisions contained in Punjab Limitation (Custom) Act, 1920 (for short "the 1920 Act") and, if so, will it be applicable in the facts of this case?
(2.) The relevant undisputed facts of this case can be delineated as under: A gift deed was executed by one Ujjagar Singh in respect of the lands, which included two parcels of lands, measuring 7 Kanals 17 Marlas bearing Khasra No.46/16, situated in the revenue estate of Village Pandori, Tehsil Batala; and 11 Kanals 4 Marlas bearing Khasra Nos.25/4/5, No.25/4/1, 25/3/3 and 25/3/6 situated in the revenue estate of Village Ghuman, Tehsil Batala, District Amritsar (Punjab), to one Rura Singh son of Surendra Singh (predecessor of the respondents) vide Gift Deed dated 6th March, 1963. The said land was ancestral land in the hands of Ujjagar Singh wherein Mohinder Singh (predecessor of the appellants) and others were coparceners. Resultantly, the original appellant Mohinder Singh filed a suit for declaration that the gift deed was void, being Suit No.367 of 1963 before the Sub Judge, First Class, Batala. During the pendency of the said suit, a compromise was arrived at between Rura Singh (predecessor of the respondents) and Mohinder Singh (predecessor of the appellants). The parties made statements before the Trial Court that as per the compromise, Mohinder Singh was to be given the land comprised in Khasara No.46/16 situated at Village Pandori, Tehsil Batala and 26/4/2/4, 26/3/3 Min East, 26/4/1, 26/3/3 Min West of Village Ghuman after the death of Ujjagar Singh out of the entire land and Mohinder Singh also gave up his house. A statement was made by Rura Singh before the Court which reads thus: "Stated that decree for declaration for ownership regarding Khasra no. 46/16 situated at Pandori, No.26/4/2/4, 26/3/3 Min. East. 26/4/1, 26/3/3 Min West situated at Ghuman be passed in favour of the plaintiff. Remaining suit be dismissed. Parties shall bear their own expenses."
(3.) On the basis of the said arrangement, the Court disposed of the suit on 20th August, 1963 on the basis of compromise in the following terms: "In view of the above statements of the parties, the suit as prayed for is decreed herewith solely in respect of khasra number 46/16 of village Pandori and 26/4/2/4, 26/3/3 Min east, 26/4/1, 26/3/3 Min west of village Ghuman against the defendant no.2. The suit against defendant No.1 will stand dismissed. The parties will bear their own costs.";