JUDGMENT

Thomas, J.-Legal heirs of a plaintiff (Vrajlal J. Ganatra) who suffered defeat both at the original side as well as at the appellate stage (High Court of Gujarat) have filed this appeal by special leave. Defendant in the suit (Parshottam S. Shah) is now being substituted by his legal heirs. The suit relates to a property covered by Ext.66 sale-deed dated December 16, 1963. It was claimed to be the property of the plaintiff even though the defendant was shown in the document as the vendee. Suit was filed in 1981 for declaration of plaintiff s title to the suit property and also for an injunction for restraining the defendant from disturbing the possession of the plaintiff. Trial court while dismissing the suit held that plaintiff failed to prove his title that he was the real owner of the property and that plaintiff failed to establish that he was in possession of it on the date of suit. High Court concurred with the finding of the trial court regarding title but did not proceed to consider the other issue regarding possession. However, the High Court further held that suit had been barred by limitation.

2. The case of the plaintiff, in short, is this: Defendant was a