SANJAY K.AGRAWAL
Menharan – Appellant
Versus
Ghanaram – Respondent
Sanjay K. Agrawal, J.
1. The substantial question of law formulated and to be answered in this plaintiff's second appeal states as under:
"Whether both the Courts below are justified in dismissing the plaintiff's suit as barred by limitation by recording a perverse finding ?"
[For the sake of convenience, the parties will be referred in the instant judgment as were referred in the suit.]
The imperative facts required to be noticed for adjudication of this appeal are as under:
"(1.1) Plaint scheduled suit property originally held by two brothers namely Dharmu and late Jagta. Dharmu having share in the suit property sold the land bearing Khasra No. 308/11, area 3.06 acres situated at village Nawagaon, Tahsil Saja, District Durg on 25.5.1968 to plaintiffs for consideration of ` 2,000/- and put them in possession.
(1.2) It is further case of the plaintiffs that in the year 1968-1969 plaintiffs sowed Kodo and thereafter Rahar, which was harvested by defendants and tried to disposes them and, therefore, Civil Suit No. 31-A/70 styled as Sewak Ram & others v. Must. Kunti Bai & another for permanent injunction came to be filed against defendants therein namely Kunti Bai and Ghanaram i.e.
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