ORDER

In a see-saw legal battle between S.K. Mahangu and S.K. Rafique, the brother-in-law of the petitioner, the Court is called upon to decide whether the petitioner s title suit No. 148 of 1981 filed in the Court of Munsif. Arari in Bihar was filed within the limitation. Though the proceedings are numerous, the facts relevant to decide the question of limitation may be culled out in a short compass. In Khata No. 1593 which is part of plot No. 4364 of an extent of 473 acres situated in Basantpur village, the names of Bibi Raifunnisa, Mahangu and Bibi Afta, heirs of Fidvi were recorded as owners thereof. Khatta No. 1593 admeasuring 7 bighas 6 kathas of the land is the subject-matter of the dispute. The petitioner claimed that he had purchased the said land, benami in the name of Rafique on December 1, 1959 and was in possession and enjoyment thereof. Bibi Raifunnisa filed Title Suit No. 220 of 1969 for partition and division by meets and bounds was decreed and a preliminary decree dated January 22, 1973 was passed. In furtherance thereof, final decree was passed on February 9, 1974. The suit land fell to the share of Bibi Raifunnisa the petitioner obtained another sale dead from Ra