N.V. Anjaria, J.

1. The appellants of this Second Appeal are original plaintiffs. Their Civil Suit for partition of the joint family properties and for handing over possession thereof to the extent of the share claimed therein, came to be dismissed by the trial Court. Regular Civil Appeal No. 404 of 1980 preferred against the trial Court's judgment was also dismissed.

1.1. The appellants therefore, challenged judgment and order dated 6th April, 1996 of learned 2nd Extra-Assistant Judge, Vadodara, dismissing the said Regular Civil Appeal No. 404 of 1980, by way of this Second Appeal before this Court.

Substantial Questions of Law:

At the time of admission of this Appeal, the following substantial questions of law were formulated.

"(i) Whether on the facts and circumstances of the case, Sec. 8 of the Limitation Act would override the provisions of Secs. 6 and 7 thereof?

(ii) Whether the limitation for the plaintiff's suit would be governed by Art. 110 of the Limitation Act?

(iii) Whether on the facts and circumstances of the case, even if the suit is otherwise time-barred, the reliefs sought by the plaintiff in respect of his share in the property of Ravjibhai-defendant No. 1, who died pending the Appeal, would not be time-barred?"

Facts and Pleadings

2. The facts of the case and the controversy involved may be outlined.

2.1. Plaintiff No. 1 was the son of deceased Shamalbhai Motibhai, whereas plaintiff No. 2 was widow of Shamalbhai. Motibhai Lallubhai was the grandfather of plaintiff No. 1 and father of Shamalbhai Patel. Motibhai Lallubhai's other three sons-the brothers of Shamalbhai and uncle of plaintiff No. 1 named Ravjibhai, Arvindbhai and Chhotabhai were the defendant Nos. 1 to 3 in Regular Civil Suit No. 174 of 1977 instituted by the appellants-plaintiffs before the Court of Joint Civil Judge (J.D.), Karjan-Shinor. As per the plaint originally filed, it was plaintiffs' case that the father Shamalbhai expired in the year 1955, leaving plaintiff No. 1 as the only son and plaintiff No. 2-the widowed mother. The grandfather Motibhai Lallubhai expired on 19th November, 1960. Said Motibhai distributed all his ancestral properties prior to 19th November, 1960 and handed over possession of the respective share to each son during his life time, and a writing was executed. It was stated that at that time entries were mutated in the Government records. The plaintiff No. 1 was minor at that time.

2.1.1. According to the plaintiffs, deceased Motibhai retained towards his share, in all 6 Acres and 7 Gunthas of agricultural lands, comprised of Survey No. 508 admeasuring 2 Acres and 25 Gunthas; Survey No. 302 Paiki admeasuring 12 Gunthas; Survey No. 189 Paiki admeasuring 13 Gunthas; Survey No. 367 Paiki admeasuring 2 Acres and 8 Gunthas and Survey No. 472 Paiki admeasuring 29 Gunthas, all situated at Village Gamaradi. It was the case that after the death of Motibhai, the said properties were to be partitioned amongst the heirs of the deceased Motibhai. It was further stated that the defendants taking advantage of the minor age of plaintiff No. 1, did not give his share, instead got mutated the properties in their names in the Government records.

2.1.2. The plaintiff No. 1 became major on 1st March, 1974. The plaintiffs claimed that after plaintiff No. 1 became major, he asked for his share in the properties; but the defendants expressed to say that they would give his share on payment of additional amount of Rs. 5,000/- in two instalments. It was a further case put forth by plaintiffs that upon negotiations, the defendants were permitted to cultivate the land for three years, and thereafter, they were required to surrender the share of the plaintiffs by handing over possession. The defendants did not act accordingly to the said understanding; the possession of the share in the properties was not given. The plaintiffs therefore served notice dated 8th August, 1977 and then the suit for partition and possession was instituted on 15th October,