This is plaintiff’s regular first appeal assailing the judgment and decree dated 11.11.1974 passed by Additional District Judge, Alwar (for short ‘the trial court’) whereby the civil suit filed by him for partition and possession of the properties in dispute, has been dismissed. Defendant-respondent has also filed counter-claim in the appeal questioning the findings recorded by the trial court especially on Issue No. 7, extending benefit of Section 14 of the Limitation Act to the plaintiff-appellant.

The appellant-plaintiff(hereinafter referred to as ‘the plaintiff’) in the suit pleaded that he was nephew of defendant Bhajan Lal (hereinafter referred to as ‘the defendant’). Shri Buddhilal, who died in 1937, was their common ancestor. Ancestral property of Buddhi Lal, who died in 1937, were partitioned. Budhi Lal left surviving seven sons. Two of them namely Jagan Prasad, deceased, through his son Bala Bux (original plaintiff herein) and Bhajan Lal(original defendant herein) even after partition remained joint and held the properties and business jointly in respect of their shares. All such properties inherited by both of them remained joint in the hands of the two. Since