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1969 Supreme(SC) 141

S.M.SIKRI, R.S.BACHAWAT, K.S.HEGDE
Munshi Manzoor Ali Khan – Appellant
Versus
Sukhbasi Lal – Respondent


Judgment-

SIKRI

( 1 ) THIS appeal by special leave is directed against the judgement of the High Court of Madhya Pradesh dated 25/09/1964, allowing the appeal filed by the respondents before us and dismissing the suit filed by the appellants before us, hereinafter referred to as the paintiffs. The High Court held that the suit was barred by limitation and this is the only question which arises in the appeal before us.

( 2 ) THE relevant facts for the determination of the question of limitation are as follows : The paintiffs, representing Anjuman - i- Islam and the Muslims of Bhind, filed a suit against the defedants, repondents before us and hereinafter referred to as the defedants, in the court of Civil Judge, Bhind, claiming the declaration of title and possession of the land in suit. In the plaint it was alleged that the Masjid Idgah owned by and in the possession of the Muslims had existed for a long time and part of the Masjid shown into the plaint adjoined the shops of the defendants. On 30/04/1957, the northern portion of the danda was being repaired at the instance of the plaintiffs but the defedants prevented the repairs and made a report under S. 145 of the Criminal Procedu













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