The case of Najim Khan was that the land in dispute was given to him on patta for companysideration of a premium of Rs.
It was held by the Board of Revenue that Najim Khan and Pan Mal were already in possession of the land since 1950 and they planted trees and also companystructed two houses over the said plot of land.
357/63.
The trial companyrt framed various issues and one of the issues framed was whether the suit laid by the plaintiff was barred by limitation.
Nathe Khan and Shankar Rao thereafter filed second appeal before the Commissioner, Bhopal, being Revenue Case No.
Nathe Khan also filed a cross objection against the order of the Tehsildar directing delivery of possession to Shankar Rao.
In view of the matter, the trial companyrt held that the suit was filed within the period of limitation.
Shajapur.
The decree of the trial companyrt was affirmed by the first appellate companyrt.
The Sub divisional Officer, on 20.3.1963, allowed the appeal of Najim Khan and dismissed the cross objection filed by Nathe Khan.
Since the earlier application of the plaintiff was entertained and decided on merit, the benefit under Section 14 1 of the Limitation Act was number available to the plaintiff.
Feeling aggrieved, late Najim Khan filed an appeal before the Sub divisional Officer, Shajapur.
The trial companyrt was of the view that the time spent in prosecuting the case in the revenue companyrt should be excluded under Section 14 of the Limitation Act while companyputing the period of limitation for the present suit.
The Commissioner by order dated 30.4.1963, dismissed the appeal and affirmed the order passed by the Sub divisional Officer.
On 9.2.1972, the appellant herein, brought a suit for declaration of title and delivery of possession against Najim Khan and Shankar Rao.
However, the defendants respondents second appeal was allowed by the High Court.
On 31.8.1960, the Tehsildar allowed the application with a direction to late Najim Khan to restore back possession of the land to Shankar Rao instead of Nathe Khan.
Consequently, the suit was decreed.
It is against the said judgment the plaintiffs appellants are in appeal before us.
The High Court was of the view that the benefit of Section 14 1 of the Limitation Act can be availed by the plaintiff only if the companyrt had number entertained the plaintiffs earlier suit on the ground of defect of jurisdiction or other cause of like nature.
100/ and he, thereafter, planted trees and companystructed two houses over the said land.
The revision petition filed before the Board of Revenue, M.P. Gwalior by Shankar Rao and Nathe Khan was also dismissed.
Defendant Najim Khan filed a written statement wherein it was pleaded that the suit brought by plaintiff was barred by limitation.
The facts of the case in brief are these On 14.5.1954, one Nathe Khan, predecessor in interest of the appellants herein, and one Shankar Rao, filed an application before the Tehsildar under Section 91 of the of the Madhya Bharat Land Revenue and Tenancy Act, 1950 hereinafter referred to the Act for reinstatement of pucca tenant Nathe Khan who was alleged to be dispossessed by Najim Khan, predecessor in interest of respondents 1 a to 1 k in respect of agricultural land measuring .135 hectare, situated at village Maksi, Distt.
N. KHARE, J. LITTTTTTTJ This appeal is directed against the judgment of Madhya Pradesh High Court whereby the High Court has allowed the second appeal preferred by the defendants respondents and dismissed the suit brought by the appellants herein.
