Limitation for title-based possession suits follows Article 65 when a void, impersonated sale deed is challenged.

A suit for possession based on title, even when accompanied by a prayer to cancel a sale deed found void through impersonation, is governed by Article 65 of the Limitation Act, not Article 59. A void sale deed is non est in law and need not be formally set aside before the owner seeks possession. Because the suit was filed within twelve years from the date possession became adverse, the limitation bar did not apply. The courts below erred in applying Article 59, and the dismissal was reversed with the plaintiff's suit for possession and consequential reliefs decreed.

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Issues: Whether a suit for possession based on title, coupled with a prayer for cancellation of a sale deed found to be void and procured by impersonation, is governed by Article 59 or Article 65 of the Limitation Act.

Analysis: The sale deed had already been found by the courts below to be the result of impersonation and therefore void. A void instrument is non est in law and does not require formal cancellation for the purpose of asserting title. Section 31 of the Specific Relief Act, 1963 deals with cancellation of void or voidable instruments, but where the real relief is recovery of possession on the basis of ownership, the governing provision is Article 65 of the Limitation Act, 1963 and not Article 59. The plaintiff's suit was filed within twelve years from the date when possession became adverse, so the bar of limitation was not attracted.

Conclusion: The suit was within limitation under Article 65, and the finding of the courts below applying Article 59 was set aside.

Final Conclusion: The decree of dismissal was reversed and the plaintiff's suit for possession and consequential reliefs was decreed.

Ratio Decidendi: Where possession is claimed on the basis of title against a defendant relying on a void or impersonated sale deed, limitation is governed by Article 65 of the Limitation Act, 1963, and a void instrument need not be formally set aside before seeking possession.

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