A person dispossessed without consent may bring a suit for possession within six months under Section 6 of the Specific Relief Act, 1963, or within twelve years under Article 64 of the Limitation Act, 1963, depending on whether the suit is based on possession alone or on title.

1. - This is defendants' second appeal under Section 100 CPC directed against the judgment and decree passed by the Additional Civil judge, Udaipur dated November 29, 1978 by which he reversed the judgment and decree dated October 20, 1976 passed by the Munsiff, Udaipur.

2. The plaintiff (tenant) instituted a suit on September 10, 1971 against she defendants (Landlords) who are the legal representatives of Bhaironlal original landlord for possession in respect of a shop from which he was alleged to have been illegally dispossessed on June 16, 1969. The case of the plaintiff was that he was tenant-in-possession of a shop situate at Moti Chohatta at Udaipur on a monthly rent of Rs. 12/- per month and that the landlord disposes him by throwing out his goods. As he was not able to obtain possession though he initiated proceedings under Section 144, Cr.P.C. he instituted the suit for getting back its possession. He also prayed that goods mentioned in Schedules A and B may also be restored to him. The defendant landlord resisted the suit on various grounds One of the grounds was that the plaintiff tenant had surrendered the tenancy and voluntarily delivered possession of the shop one month before the alleged date of dispossession i.e. May 16, 1969. Another plea taken was that the suit of the plaintiff-tenant was time-barred for it was not instituted within a period of six months from the date of dispossession under Section 6 of the Specific Relief Act The learned Munsiff, Udaipur by his judgment dated October 20, 1976 dismissed the plaintiff's suit. An appeal was preferred by the plaintiff and the learned Additional Civil Judge, Udaipur amongst others, found:

1. That the suit for possession was within limitation under Article 113 of the Limitation Act, 1963 though it was beyond, six months, and

2. That the possession was not delivered by the plaintiff voluntarily before the alleged date of dispossession.
He, therefore, accepted the appeal of the plaintiff in part and ordered for the restoration of possession of the shop to the plaintiff. Certain other relief was also granted for delivering possession of the articles mentioned in Schedule A by his judgment dated November 29, 1978. Feeling aggrieved by the appellate judgment, the defendants-appellants have come up in appeal.

3. The show cause notice was ordered to be issued by me on January 4,1979 and in pursuance of that, Mr. R.C. Maheshwari appeared for plaintiff-respondent.

4. I have heard Mr. D.S. Shisodiya for the appellants and Mr. R.C. Maheshwari for the respondents. Only two points have been raised by the learned Counsel for the appellants in support of the appeal.

5. It was contended by the learned Counsel for the appellant that the. plaintiff's suit for possession was not within limitation as he has alleged that he was dispossessed from the shop which was in his possession otherwise than in the course of law and, therefore, he should have brought the suit within a period of six months from the date of the alleged dispossession under Section 6 of the Specific Relief Act, 1963 He, therefore, submits that the suit having been instituted after more than six months, was clearly time-barred. In support of his arguments, he relied on Mustapha Saheb and Ors. v. Sanitha Pillai and Ors. ILR XXIII Mad 179 and Nair Service Society Ltd. v. K.G. Alaxender and Ors., AIR 1968 Supreme Court 1165 , Section 6 of the Specific Relief Act, amongst others, provides that if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he may, by suit, recover possession thereof notwithstanding any other title that may be set up in such suit. Sub-section (2) of Section 6 of the Specific Relief Act lays down that no suit under this section shall be brought after the expiry of six months from the date of dispossession. Sub-section (4) lays down that nothing in this section shall bar any person from suing to establish his title to such property and to re