RAM SARAN Vs. GANGA DEVI

JUDGEMENT

(1.) This is a plaintiffs' appeal by special leave. Ram Saran and Raghubir Saran, the plaintiffs are brothers. They jointly owned suit property with Chhabili Kuer widow of Lalita Prasad. After the death of Chhabili Kuer on February 8, 1971, Ganga Devi the defendant in the suit come forward as the legal representative of Chhabili Kure and got the mutation effected in her name in the place of the deceased Chhabili Kuer. In 1958, the plaintiffs brought this suit for a declaration that they are the sole owners of the suit properties. They did not claim possession either of the entire or even any portion of the suit properties.

(2.) The fact finding Courts, namely the trial Court as well as the appellate Courts have come to the conclusion that during the lifetime of Chhabili, she was in possession of a portion of the suit properties and the other portion remained in possession of the plaintiffs. The further finding reached by those Courts is that after the death of Chhabili Kuer, Ganga Devi took unlawful possession of the properties which were in possession of Chhabili Kuer. They also found that Ganga Devi was not the heir of Chhabili but on the other hand the plaintiffs were her heirs.

(3.) The Courts below have come to the conclusion that the present suit falls within the scope of Section 209 of the U. P. Act 1 of 1951, and the suit not having been brought within the period of three years as provided in that Act, the suit is barred by limitation. The High Court agreed with that conclusion, in addition it held that the suit is hit by Section 42 of the Specific Relief Act.