The main legal point established in the judgment is that the suit for possession of immovable property must be filed within 12 years from the date of adverse possession by the defendants, as governed by Article 65 of the Limitation Act.

B.R. GAVAI, J.

1. This appeal arises out of the judgment and order passed by the learned Civil Judge, Senior Division, Palghar in Special Civil Suit No. 528 of 1996, dated 20th January, 1998 thereby dismissing the suit of the plaintiffs, which was filed by the present Appellants alongwith other plaintiffs, viz. Respondent Nos. 14 to 21 herein.

2. The facts in nutshell out of which the present appeal arise are as under:

3. For appreciating the lis between the parties, it will be convenient to refer the genealogy of the parties, which is as under:-

Genealogy Gulam Nabi Bhure (Died 25.12.1963)
Zubaida (Daughter) (Died on 23.2.1965)	Khalil (Son) (Def No. 1)				Zulekha Rais (Daughter) (Def No. 5)
Aziz Khan (Husband) Plf. No. 13 (R-21) (Died LRs / R 21/1 to 21/3)
Plt. Nos. 1 to 12 (Children)	Zaheer (D2)	Adil (D3)	Zaki (D4)	Rufi (D11)

Respondent of the Defendants are other parties, who have purchased properties from Defendant Nos. 1 to 4.

4. The deceased Gulam Nabi Bhure was owning and possessing huge properties in Vasai and Palghar talukas of district Thane. The properties are described in Schedule “A” to the suit and re-production thereof would unnecessarily make the judgment bulky. To state in nutshell, the property owned by Gulam Nabi consisted of vast agricultural lands, bungalows and salt lands consisting of 2350 salt pans. Gulam Nabi had three children, viz. one son (Khalil) and two daughters (Zubaida and Zulekha). Plaintiff Nos. 1 to 12 are children of Zubaida and Ajij Ahmed Akbar Nachan who is Plaintiff No. 13. It is their case that they have 25% share in the suit property, originally owned by Gulam Nabi. The suit came to be filed for administration i.e. for partition, separate possession and declaration with ancillary reliefs. Defendant No. 1 Khalil is son of deceased Gulam Nabi. Defendant Nos. 2 to 4 are sons of Defendant No. 1. Defendant No. 5 – Zulekha Rais is sister of Defendant No. 1 Khalil and deceased Zubaida. It is claim of the Plaintiffs that deceased Gulam Nabi died on 25th December, 1963, leaving behind Defendant No. 1 as his only son, and Defendant No. 5 Zulekha and deceased Zubaida as the only daughters. It is claim of the Plaintiffs that after the death of Gulam Nabi, Defendant No. 1, being male member of the family and as a trustee of his two sisters, took charge and control of the suit lands for himself as well as Defendant No. 5 and deceased Zubaida. It is their case that Defendant No. 1 had no exclusive right, title and interest in the properties left by the deceased. It is claim of the Plaintiffs that as per Islamic Law (Shariyat), Defendant No. 1 was entitled to 50% share whereas Defendant No. 5 and deceased Zubaida were entitled to have 25% share each in the suit lands. Zubaida died on 23rd February, 1965.

5. It is claim of the Plaintiffs that the deceased Zubaida was demanding her 25% share in the suit properties till her death i.e. 23rd February, 1965. However, Defendant No. 1 kept on promising, but did not give any share till her death. It is further case of the Plaintiffs that Plaintiff No. 13 and other Plaintiffs were also making the demands for their share. However, Defendant No. 1 kept on promising that he will give the share, but did not act on the said promise. It is their further case that in or around October 1994 Plaintiffs came to know that Defendant No. 1 had illegally and unlawfully excluded the Plaintiffs and Defendant No. 5 from their share. It is their further case that on inquiry, they came to know that since long that Defendant No. 1 with malicious, mischievous intention and in mala-fide manner, was attempting to deprive the Plaintiffs of their legitimate 25% share in the suit