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1977 Supreme(Raj) 1

A.P.SEN, M.L.JAIN
Suraj Mal – Appellant
Versus
Mangi Lal – Respondent


Advocates Appeared:
L.R. Mehta, for Appellants; C.L. Agrawal, for Respondants

SEN, J.—The questions for the division bench are—

"(1) Whether the case reported as AIR 1958 Rajasthan 206 and the view taken in 1971 RLW 492 require re-consideration regarding the applicability of Art. 142 of the Limitation Act, 1908, on account of the legislative changes brought about by Arts. 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 posses- sion and subsequent dispossession or discontinuance of possession, Art. 144 of the Limitation Act, 1908, and not Article 142 thereof applied ?"

2.The subject matter in litigation is a house situate at Sardarshahar. 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.

3. The plaintiffs sued on the allegation of title in themselves and also alleged that they were in possession but were dis-possessed 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 their venders on their



























































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