SURAJ NARAIN Vs. THAKURJI SRI SITA RAMJI AND SHIV-PARVATI MAHARAJ
LAWS(RAJ)-2015-1-214
HIGH COURT OF RAJASTHAN
Decided on January 15,2015

SURAJ NARAIN Appellant
VERSUS
Thakurji Sri Sita Ramji And Shiv -Parvati Maharaj Respondents

JUDGEMENT

NISHA GUPTA, J. - (1.) THE instant civil second appeal has been filed u/S.100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 27/09/2014 passed by the court of Additional District Judge, Malpura, Tonk by which it has dismissed Civil Regular Appeal No.3/2009 filed by the appellants and upheld the judgment and decree dated 18/02/2009 passed by Civil Judge (Junior Division), Malpur by which, the suit for possession of the house has been decreed in favour of the plaintiff -respondents.
(2.) THE facts giving rise to this appeal in brief are that plaintiff -respondents filed a suit for possession on the ground Lalita Devi has donated the house in favour of Thakurji Sri Sita Ramji and Shiv -Parvati Maharaj through registered gift -deed dated 15/06/1992. Earlier, a suit for cancellation of gift -deed was also filed by the appellants, which was dismissed hence, the suit for possession of the house has been filed.
(3.) CONTENTION of the appellants was that the suit is time barred as they are living in the suit property since their birth and their possession has become adverse. Both the courts below have decreed the suit. Hence, this appeal. Contention of the learned counsel for the appellants is that both the courts below have not considered the issue of limitation in right perspective. Their possession was adverse. They are living since birth hence, limitation could not be counted from the date of gift -deed and it has also been contended that bonafides of Bhanwar Lal are not clear as he want to purchase the house and decree be set -aside.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.