Honble SINHA, J.–Leave granted.

(2). Whether the provision of Art. 59 of the Limitation Act would be attracted in a suit filed for setting aside a deed of sale, is in question in this appeal which arises out of a judgment and order dt. 2.9.2002 passed by the High Court of Madhya Pradesh at Jabalpur in Civil Second Appeal No. 8 of 1998.

(3). Respondent 1 herein filed a suit for declaration and partition of the land consisting of 19 bighas 12 biswas claiming himself to be a co-sharer with the defendant. One Mihilal was the owner of the suit land comprising different khasra numbers situated in Village Akhoda in the District of Bhind. The said suit was filed by the plaintiff Respondent 1 alleging that his father Chhedilal had a share therein in addition to owner of another land in Khasra No. 516, measuring 6 biswas. Chhedilal died in the year 1950. His wife also died soon thereafter. At the time of the death of his father, the plaintiff Respondent 1 was a minor. He started living with Appellant 4, Lal Bihari. He, allegedly, executed a deed of sale on 1.12.1961 in respect of Khasra No. 516 measuring 6 biswas to Babu Singh and Tek Singh for a consideration of Rs. 7000. His age in the sale

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