Law:

Section:

Limitation Act (IX of 1908)--- ----Art. 120---Spec Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), 5.115---Declaratory suit ---Limitation---Revisional jurisdiction---Exercise of---Petitioner/defendant was sued against by respondent/plaintiff for declaration of invalidity of a registered gift deed allegedly executed by plaintiff in favour of defendant, her step-brother in respect of land inherited from their father---Trial Court despite concluding that execution of alleged gift deed had not been proved and that possession under alleged gift deed was not transferred to defendant/alleged donee and that suit filed by plaintiff challenging such gift deed was competent, dismissed suit holding that period prescribed for challenging gift deed was six years under Art. 120 of Limitation Act, 1908 whereas suit was filed after 25 years after alleged execution of gift deed---On filing appeal against of Trial Court, Appellate Court below reversed of Court below holding that suit was within time and could not be dismissed merely on ground of limitation---Right to sue could arise only upon awareness about hostility affecting right of plaintiff and defendant was bound to have positively proved that plaintiff had gained knowledge of existence of a lawful document/alleged gift deed adverse to her, but defendant had failed to prove same---Defendant could not be taken to have discharged burden of proof with regard to limitation---Suit was not liable to be held time-barred on mere consideration that gift deed was 25 years old--­Concurrent findings of fact justified on record, could not be interfered with by High Court in exercise of its revisional jurisdiction. JUDGMENT Petitioner was sued out by his step-sister, the respondent, for declaration of invalidity of a registered gift deed dated 17-6-1957, alleged to have been executed by her in respect of the land inherited from Ahmad Din, the father of the parties. He contested the suit by specifically reiterating validity of the gift and nine issues were set down for trial in addition to the relating to relief. Plaintiff examined two witnesses in addition to her own statement made as P.W3 alongwith a copy of the gift…

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