Law: Limitation Act, 1908

Section: FirstSch,144‚,91,120

(a) Custom (Punjab)----- ----Property : ancestral or self­ acquired-Only part, without proving 'which part of disputed property, found to be ancestral-Whole property presumed to be self-acquired. Where only a part of the property in suit is ancestral and it is impossible to distinguish which part is ancestral, the entire property in suit must be taken to be self-acquired. Atar Singh and others v. Thakar Singh 42 P R 1910 (P C) and Rehmat Ali Khan and others v. Mst. Sadiq-un-Nisa and others I L R 13 Lah. 404 rel. (b) Punjab Limitation (Custom) Act (1 of 1920)------- ----Does not apply in case of self-acquired property. Sohan Singh v. Jagir Singh A I R 1942 Lah. 114 and Gopal Singh v, Thakar Singh A I R 1935 Lah. 313 mentioned, (c) Limitation Act (IX of 1908)----- -----, First Sch., Art. 144­ Applies only in case of suit by person entitled to possession, against one in possession, without title. Article 144 is applicable only to a possessory suit by the owner of the property claimed against a person holding adversely to him without title. The Article, for instance, does not apply in case of a suit for possession against a person who is in possession on the basis of a will which according to the plaintiff is invalid. Chhatra Kumari Devi v. Mohan Bikram Shah and others AIR1931PC196ref. (d) Limitation Act (IX of 1908)----- ----, First Sch., Arts. 91 & 120-Suit based on allegation of invalid will---Art. 120 and not Art. 91 applicable. Held, that Art. 91 had no application to wills the appropriate Article in case of wills being Article 120 and limitation, in this case, having been taken to run from the date of the plaintiff's knowledge of the existence of the will after the death of legator. Sajjad Ali v. Ibad Ali I L R 23 Cal. 1(P C) ; Jahan Khan v. Shahamad and others 134 P R 1908 ; Firoz and others v. Sultan Surkhru A I R 1926 Lah. 635 ; Gauhar Bibi v. Ghulam Muhammad 82 P L R 1909 and Jahana v. Mst. Hafizan and others I L R 1932 Lah. 647 rel. Mohesh Narain ,Moonshi v. Taruck Nath Moitra and others 20 I A 30 (P C) and Hassu v. Bazida A I R 1933 Lah. 399 distinguished. JUDGMENT ABDUL AZIZ KHAN, J.-The following pedigree-table will be helpful in understanding the…

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