In Brief
The appellants filed a civil suit claiming declaration of title, injunction and possession of a property against the respondents. The trial court decreed the suit, holding the appellants owned the property and that the suit was filed within the limitation period. The high court upheld the trial court's factual findings but reversed the limitation decision, treating the suit as one for declaration and injunction only (three-year limitation) rather than one claiming possession. The Supreme Court held that since the plaint expressly prayed for possession, Article 65 of the Limitation Act (12-year period) applied, not the three-year period. The suit was filed within 12 years from when the defendants' adverse possession became known. The appeal was allowed and the trial court's judgment restored.
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