judgment

KASLIWAL, J.:—This appeal by grant of special leave is directed against the judgment of Punjab and Haryana High Court dated September 28, 1978. The short controversy raised in the present case is regarding the date from which the period of limitation shall commence under Article of the Limitation Act, 1963. According to the facts found established on record, Gurbachan Singh respondent was delivered actual possession of 135 kanals of land and symbolical possession of 62 kanals, 13 marlas on June 13, 1963 in execution of decree for pre-emption obtained by him. According to the decree, Gurbachan Singh was only entitled to actual possession of 135 kanals of land and so far as the delivery of symbolical possession was concerned, it was beyond the terms of the decree. Ladha Singh, father of the appellants having come to know about the said mistake, filed a suit for declaration and for permanent injunction in the year 1965. The said suit was decreed in favour of Ladha Singh and the said declaratory decree was affirmed in appeal by the Additional District Judge on 12-5-1969, but the relief of injunction was denied, as Ladha Singh Singh was in actual possession of the portion over w