( 1 ). This appeal by special leave arises against the judgment and decree of the Delhi High court in RFA no. 59 of 1978 dated 26/2/1979. The plaintiff-appellant filed the suit for declaration that she is the absolute owner and is in possession of the house bearing old Municipal No. 5925 and new Municipal No. 4477, Ward No. XI, situated at Plot No. 7/18, Darya Ganj, Delhi. She claimed to have purchased the property from one Kaushalya Devi under a sale deed dated 11/5/1946 registered on 29/5/1946 and thereby she is said to be the owner. Shri Ratti Ram had no right title or interest to alienate the property by the sale deed dated 29/1/1947 which was said to have been executed to stifle the prosecution intended to be lodged against him. The trial court dismissed the suit. On appeal, the High court confirmed it.

( 2 ). The question is whether the suit is within limitation. In the evidence, it was admitted that she had knowledge of the execution and registration of the sale deed on 29/1/1947. Initially a suit was filed in 1959 but was dismissed as withdrawn with liberty to file fresh suit. Admittedly, the present suit was filed on 30/7/1966. The question, therefore, is whether the suit