Judgement

JUDGMENT :- The agricultural land situated at Tarsold in District and Taluka Jalgagh bearing plot No. 242, admeasuring 1 Hectare and 37 acres was purchased by the appellant for a sum of Rs. 1,201/- in a public auction. The sale was confirmed on 17th April, 1968.

2. Regular Civil Suit No. 205 of 1968 was filed by the plaintiff-respondent (hereinafter referred to as the Respodnent) for setting aside the sale deed in which interim stay was granted for further proceedings and grant of sale certificate to the appellant. The suit was ultimately dismissed when the second regular Civil Suit No. 984 of 1972 was dismissed on 27th June, 1978.

3. The appellant applied for issuance of sale certificate in the year 1982 which was issued to him on 3rd May, 1985. After getting the sale certificate, the appellant moved an application on 24th July, 1985 for possession under Order 21, Rule 95 of the Code of Civil Procedure.

4. The application was dismissed by the Civil Judge, Senior Division, Jalgaon on the ground that the application under Order 21, Rule 95 of the Code of Civil Procedure was barred under Article 134 of the Indian Limitation Act as the same has not been preferred within a period