JUDGMENT :

1. This second appeal has been filed by the appellants/plaintiffs under Section 100 of the C.P.C. against judgment and decree dated 30.01.2012 passed by Additional District Judge, Bilaspur (C.G.) in Civil Appeal No. 1A/2011 (Salma Begam & others Vs. Mehrunnisha & others) affirming the judgment and decree dated 26.10.2010 passed by Fifth Civil Judge Class-II, Bilaspur, District- Bilaspur (C.G.) in Civil Suit No. 8A/2010.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 8A/2010 which was filed for declaration of title and grant of permanent injunction.

3. The instant Second Appeal is admitted for hearing by this Court vide its order dated 24.03.2021 on the following substantial questions of law:-

“1. Whether both the Courts below were justified in holding that Abdul Haq has orally gifted the suit property in favour of Abdul Rajjak by recording a finding perverse to the record?

2. Whether both the Courts below were justified in holding that the suit is barred by limitation by recording a finding perverse to the record?”

4. The brief facts, as reflected from the plaint averments, are that father of plaintiff No. 1-L