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2019 Supreme(Chh) 933

SANJAY K.AGRAWAL
MOHAMMED HANEEF – Appellant
Versus
RAMLAKHAN – Respondent


Advocates Appeared:
Manoj Paranjpe, Adv., Sachin Singh Rajput, Adv., Ravi Bhagat, Adv.

JUDGMENT

Sanjay K Agrawal, J. - The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff states as under :-

"Whether the finding recorded by the First Appellate Court that the suit was barred by limitation is contrary to law ?"

(For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

2. Suit property was originally held by plaintiff's father namely late Habeeb Miyan. It is the case of the plaintiff that his father gifted the suit property to him by a gift deed dated 15/01/1955 (Exhibit P/1) when he was a minor through her mother Jainab Bibi and since then he is in possession of the suit property by cultivating the same and his other brothers namely Mohammed Basheer and Allaudin, born out of the wedlock of Habeeb Miyan with his second wife, were residing separately. In the month of May, 1986, plaintiff came to know that defendants have got their names mutated in the revenue records on the basis of sale deed dated 22/12/6

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