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2010 Supreme(HP) 1223

SURJIT SINGH
Jodh Ram (dead) Through Lrs. – Appellant
Versus
Jagdish Chand – Respondent


JUDGMENT :

Surjit Singh, J.

The present Regular Second Appeal was, initially, admitted on 7th April, 1998. It appears that at the time of its admission, on the aforesaid date, substantial questions of law were not framed. Such questions were framed on 19th October, 2009, which are to the following effect:

1. Whether the suit filed by the Plaintiffs is barred by limitation keeping in view the Articles 64 and 65 of the Limitation Act?

2. Whether the period of limitation for claiming adverse possession would commence from the date when the Defendants' right of title is held to be void by a Court of Law?

2. Facts relevant for disposal of the appeal may be noticed. Late Shri Jodh Ram, the predecessor of the present Plaintiffs-Appellants, late Shri Dharam Singh, now represented by his L.Rs. Defendants-Respondents No. 1 to 3, and Defendant-Respondent Fateh Singh, were real brothers. On 24th February, 1972, Jodh Ram executed a gift deed in favour of Dharam Singh and Fateh Singh, in respect of the suit land. He challenged that gift deed, by filing a Civil Suit in 1973. He pleaded that the gift was the result of misrepresentation and coercion practised by Dharam Singh and Fateh Singh. Suit was de

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