Law:

Section:

(a) Shamilat land-Suit in 1890 by plaintiffs, as co-sharer, for rent of parcel of shamilat land cultivated by other co-sharers, -Suit resisted by defendants co-sharers on the ground that plaintiffs were not co-sharers in the shamilat-Suit dismissed and plaintiffs directed to establish title in Civil Court-Plaintiff s suing in 1946 to establish title-Held that the whole cause of action and not merely in respect of land involved in the rent suit arose in 1890 and thus the suit in 1946 was time-barred -Limitation Act (lX of 1908), First Schedule Art. 120. The plaintiffs sued in 1890, as co-sharers for their share of produce of a parcel of shamilat land cultivated by other co-sharers and were met with the plea that the shamilat had been declared as the shamilat of four pattis and that the plaintiffs did not belong to any of the four pattis. The Revenue Assistant, who tried the suit, found conflicting entries in the revenue records and held that the matter was for adjudication by a Civil Court and dismissed the suit for rent. No suit, however, was instituted. After some further litigation between parties, the plaintiffs in 1946 applied for a partition of their share with the defendants, a question of title arose and the plaintiffs were referred to a Civil Court. They brought the present suit which was dismissed by the first two Courts on two grounds, (1) that the plaintiffs had no right in the land in suit, and (2) that their suit was time barred. In second appeal, Sharif J. held that although the plaintiffs were co-owners with the defendants, their suit was time-barred. The plaintiffs pursued their remedy in Letters Patent. It was contended for the plaintiffs that the possession of the defendants was openly adverse only in respect of the land which formed the subject matter of the previous suit and could not affect the remaining land. Held, that the result of the suit of 1890 affected the entire shamilat and the cause of action for the whole case, therefore, accrued in 1890. The plaintiffs can be regarded as co-sharers only if their right has not been extinguished ; but if the cause of action has already arisen to them and they have not instituted a suit within the…

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