( 1 ) THIS is a plaintiffs second appeal arising out of a suit for possession over a house.

( 2 ) BOTH the courts below have dismissed the suit, Hence this second appeal.

( 3 ) SHORTLY stated, the plaint case was that the house in suit was owned by one Dayal, He died leaving behind three sons, namely, Baiju, Jaggu and Hanuman, Baiju had separated from the family. As a result, the house went exclusively to Jaggu and Hanuman. The former predeceased the latter, Hanuman died sixty years back leaving his widow Shrimati Parbati as his sole limited heir. Shrimati Parbati died on 21-10-1938, leaving the plaintiff who is the daughter of Shrimati parbati aforesaid.

( 4 ) THE original defendant Debi Prasad, of whom the present respondent? are the heirs and legal representatives, was in possession of the house without any right or title. The cause of action arose on 21-10-1938 when Shrimati Parbati died and hence the suit for possession and damages.

( 5 ) THE suit was contested by Devi Prasad aforesaid. He asserted that he was in possession over the property in suit for over twelve years, and that the suit was barred by Articles 142 and 144 of the Indian Limitation Act, 1908.

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