1. Scope of Section 42 of the Specific Relief Act, 1877. 2. If the purported seller or donor does not challenge the action of actual denial of his right within the prescribed limitation period, despite having knowledge, his..........

1. Scope of Section 42 of the Specific Relief Act, 1877.

2. If the purported seller or donor does not challenge the action of actual denial of his right within the prescribed limitation period, despite having knowledge, his right to do so becomes barred by law of limitation, and the repetition of the alleged wrong entry in the subsequent revenue record (Jamabandt) does not give rise to a fresh cause of action.

3. If the donor does not challenge the adverse entry in his/her lifetime despite knowledge, this is clearly hit by limitation.

4. Admittedly possession not lies with the plaintiff, so in such situation, he is precluded to claim only declaration unless relief of possession is sought.