How to ascertain limitation in suit for setting aside alienation of ancestral property?

It is not in dispute that the suit land is the ancestral property

and the plaintiffs are Hindu governed by Mitakshara Law.   It is also not

disputed that alienation is made by defendant No. 1 Bhikarchand who is

father of plaintiffs No. 1 to 5.  Article 109 of the Limitation Act lays down
period of 12 years and the time from which period begins to run is when
the alienee takes the possession of the property.     In the instant case, in
pursuance   to   the   sale   deed   dated   08/04/1969,   defendant   No.   2   took
possession on 08/04/1969.  The Suit is instituted in the year 1980, which is
well   within   12   years   and,   therefore,   can   not   be   said   to   be   barred   by
limitation.     I,   therefore,   do   not   find   that   the   learned   District   Judge

committed any error in decreeing the Suit.

  

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
SECOND APPEAL NO.103 OF 1990

Basheer s/o. Amir Patel v. Dnyaneshwar S/o. Bhikarchand

 
CORAM : R.G.KETKAR, J.
DATE OF JUDGMENT : 24th NOVEMBER,2014.
Citation; 2015(5) MHLJ 853

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