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2022 Supreme(Chh) 205

NARENDRA KUMAR VYAS
Ganga Bai D/o. Khemchand Barai – Appellant
Versus
Ishwari S/o. Nek Ram Barai – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Patel.
For the Respondents: Mr. Uttam Pandey.

JUDGMENT :

1. This is plaintiff’s Second Appeal.

2. The second appeal was admitted by this Court on 24/10/2017 on the following substantial question of law:

    “Whether the Courts below have erred in dismissing the plaintiff’s suit for declaration of title and injunction on the point of limitation?

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 2A/2009.

4. Brief facts as reflected from the plaint averments are that the plaintiff has filed a civil suit before the learned Civil Judge, Class-II Kasdol claiming declaration of title and possession in share of ancestral property, mainly contending that the suit property mentioned in Schedule-A of the plaint total Khasra No.10 area measuring about 4.153 hectare land situated at Village-Katgi Tahsil-Kasdol, District-Raipur was recorded in the name of Maheshwar. Maheshwar has three sons, namely Khemchand, Lalsingh and Nekram and they have partitioned the suit property on 27.03.1986 and the name of Khemchand, Lalsingh and Nekram have been recorded in the revenue records. As per the partition, the property which has been inherited to plaintiff’s father Khemchand is described in the plaint a

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