Shamshad Alam And Ors vs State Of Bihar on 27 January, 2025
13. So far as the question of limitation is concerned,
the trial court committed an error in holding the plaintiffs' suit
to be barred by limitation as according to the case of plaintiffs,
the title in favour of the plaintiffs in the suit land arose on
09.09.2000, when the sale deed was executed by their vendor in
their favour in connection with the suit land. So, in such a
situation, the limitation period for correcting the revenue
records started either from the date of the execution of the sale
deed or when plaintiffs' prayer for mutation in the suit land was
denied by revenue authority as there was no reason for the
plaintiffs to file a suit under sections 106 and 108 of B.T. Act
before getting a title in the land in question. And, it is an
established law that mere an adverse entry in the revenue
records will not give rise to cause of action, the right to sue
accrues when there is a clear and unequivocal threat to infringe
a right and in this regard, the observation made by this Court in
Patna High Court FA No.83 of 2010 dt.27-01-2025
13/14
the case of The State of Bihar & Anr. vs. Alakh Singh & Ors.
reported in 2013 (4) PLJR 363 is relevant.