Law:

Section:

Limitation Act (IX of 1903)--- Arts. 120 & 142-Limitation-Plaintiff alleging to have been in possession of land but dispossessed within 12 years of filing of suit---Article of Limitation Act, 1908 applicable to case, held, 142 and not 120 such being a residuary article. ORDER G. SAFDAR SHAH, J.--The dispute in this case relates to 1 kanal and 8 marlas of land, comprised in Khasra No. 795 min, situate in Village Dina Thakarian, Tehsil and District Jhelum. On 7th March, 1961, however, respondent No. 1 filed suit against the petitioner for possession of the said I kanal and 8 marlas of land on the ground that being a co-sharer, be had been in possession of the same but had been disposses­sed by the said respondent. In the written statement filed by the petitioner, he alleged that be too was a co-sharer in the shamilat land, and further that he had entered into possession of the land in dispute only after the same had been abandoned by the respondent. Upon the pleadings of the parties, the trial Court framed in the suit the following issues :- (1) Whether the plaintiff is a co-sharer in the Shamilat Deh, ? (2) Whether the plaintiff has been in possession for 24/25 years as a co-sharer, if so what is its effect ? (3) Whether the plaintiff is stopped by his conduct to bring the suit ? After recording the evidence of the parties, which they wished to produce in support of their respective stand, all the said three issues were answered by the trial Court in favour of the respondent and con­sequently his suit was decreed. The first and second appeal of the respondent having failed in the Court of the District Judge, as well as the High Court, he has come up to this Court seeking leave to appeal on the following grounds (1) that the Courts below, as well as the High Court, were in error to hold that the suit filed by the respondent was governed by Article 142 of the Limitation Act-in fact the suit was covered by Article 120 and so the same should have been dismissed as barred by limitation ; (2) that he and the respondent No. 1 both being…

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