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SUDESH BANSAL
Shanti Lal Agarwal (Since Deceased) – Appellant
Versus
Municipal Board, Bari through Executive Officer – Respondent
JUDGMENT :
SUDESH BANSAL, J.
1. This second appeal under Section 100 of Code of Civil Procedure (CPC) has been directed against the judgment and decree dated 01.08.1990 passed in Civil First Appeal No. 03/1988 by the Court of Additional District and Sessions Judge, Dholpur affirming the judgment and decree dated 24.04.1986 passed in Civil Suit No. 04/1980 by the Court of Munsif/Magistrate, Bari whereby and whereunder the civil suit for possession purportedly instituted invoking the provisions of Section 6 of the Specific Relief Act, 1963 by and on behalf of appellant-plaintiff (now deceased and represented through his legal representatives) was dismissed on merits.
2. On perusal of the previous order-sheets of the file, it reveals that the Co-ordinate Bench of this Court vide order dated 09.10.1991 admitted the appeal for hearing and framed following substantial question of law:
Possession, not ownership, is the basis for relief under Section 6 of the Specific Relief Act, and the court cannot adjudicate title issues in such proceedings.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
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