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1977 Supreme(Raj) 2

M.L.JAIN, A.P.SEN
SURAJMAL – Appellant
Versus
MANGILAL – Respondent


Advocates Appeared:
C.L.AGRAWAL, L.R.Mehta

Judgment


SEN, J.

( 1 ) THE questions for the Division Bench are:-" (

1) Whether the ease reported as AIR 1958 Raj 206 and the view taken in 1971 Raj LW 492 require reconsideration regarding the applicability of Article 142 of the Limitation Act, 1908, on account of the legislative changes brought about by Articles 64 and 65 of the limitation Act, 1963? (2) If so, whether in a suit for recovery of possession of immovable property based on title as well as on the assertion of prior possession and subsequent dispossession or discontinuance of possession, Article 144 of the Limitation Act, 1908, and not Article 142 thereof applied? the subject-matter in litigation is a house situate at Sardarshahr. It belonged to one Ghanshyamdas who died in 1942, leaving behind his widow Mst Narbada and two minor sons Mangilal and Laduram. The suit is For possession based on dispossession.

( 2 ) THE plaintiffs sued on the allegation of title in themselves and also alleged that they were in possession but were dispossessed by the defendants. The plaintiffs case was that they were the owners of the house, having purchased the same from Tormal and others by a registered sale-deed dated 6-1-1961; that the





































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