JUDGMENT :

1. This first appeal is directed against the judgment and decree dated 09-01-2024 passed by the Court of Additional District Judge Jammu [“the trial Court”] in civil suit File No. 9040/40/Civil/2011 titled Romesh Kumar v. Kaka Ram and anr, whereby the suit filed by the appellant has been dismissed as barred by limitation.

2. Before adverting to the grounds of challenge and the arguments raised by the learned counsel for the appellant, it is necessary to notice few material facts:-

3. The appellant filed a suit against the respondents for declaration that the sale deed executed by respondent No.1 in favour of respondent No.2 herein dated 28-06-2001 is illegal, in-operative and non est in the eye of law. He also prayed for relief of permanent prohibitory injunction restraining the defendants, the respondent herein, from interfering in the possession/user of the land in question etc. etc.. The suit was filed on 09-02-2011. In the plaint, the appellant disclosed 30-10-2010 as the date on which he acquired knowledge about the execution of the impugned sale deed so as to bring his suit within the limitation. The suit was contested by the respondents, who, in their written stateme