1. The substantial questions of law involved and to be answered in this appeal are as under:-

"1. Whether both the courts below were justified in dismissing the plaintiff's suit on the ground that relief of declaration has not been claimed whereas suit for possession filed by the plaintiff was based on title ?

2. Whether findings of both the courts below that the suit is barred by limitation is perverse ?"

2. In order to answer the substantial questions of law following facts in nutshell are required to be noticed as under:-

[For sake of convenience, the parties shall be referred to according to their array in the suit]

2.1 That, plaintiff - Shyam Bai was the daughter of Samaru out of the wedlock with Panchobai (who died during pendency of the suit). Defendant No.2 - Prem Umar is the son of Pancho Bai out of her wedlock with Sakharam. After the death of Samaru, plaintiff - Shyam Bai being the daughter of Samaru filed a suit for possession of the scheduled suit land based on title from the defendants namely Pancho Bai (since deceased) and Prem Umar.

2.2 The defendants, by filing written statement, resisted the suit stating inter alia that the suit property was purchased by late