DURGAWATI DEVI JAISWAL Vs. KAMLABAI ALIAS KAMLESH BEN

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the defendant are as under:-

(2.) The plaintiff filed a suit for possession based on title stating inter- alia that she is owner and title-holder of the suit land bearing khasra Nos.337/31 and 338/31 admeasuring 5 decimal, which was given to the defendant for running wood depot and when she requested for vacating the said depot, the defendant refused claiming to be inducted by one Yogendra Singh leading to issuance of notice on 20.5.96 for eviction of the defendant and prayed for decree of possession.

(3.) The defendant filed his written statement stating inter-alia that he has been inducted by Yogendra Singh and the suit is barred by limitation as application filed by the plaintiff under Section 257 of the C.G. Land Revenue Code, 1959 (hereinafter called as "the Code') has already been rejected by the revenue officer and prayed for dismissal of the suit.