Case: Ram Saran &amp; Another Vs. Ganga Devi

2. The fact finding courts, namely the trial court as well as the appellate courts have come to the conclusion that during thee of Chhabili, she was in possession of a portion of the suit properties and the other portion remained in possession of the plaintiffs. The further finding reached by those courts is that after the death of Chhabili Kuer, Ganga Devi took unlawful possession of the properties which were in possession of Chhabili Kuer. They also found that Ganga Devi was not the heir of Chhabili but on the other hand the plaintiffs were her heirs.      3. The courts below have come to the conclusion that the present suit falls within the scope of Section 209 of the U.P. Act 1 of 1951, and the suit not having been brought within the period of three years as provided in that Act, the suit is barred by limitation. The High Court agreed with that conclusion. In addition it held that the suit is hit by Section 42 of the Specific Relief Act.

Reasoning:
4. We are in agreement with the High Court that the suit is hit by Section 42 of the Specific Relief Act. As found by theg courts, Ganga Devi is in possession of some of the suit properties. The plaintiffs have not sought possession of those properties. They merely claimed a declaration that they are the owners of the suit properties. Hence the suit is not maintainable. In these circumstances, it is not necessary to go into the other contention that the suit is barred by limitation.