RAGHURAJ SINGH Vs. SOBHAMAN

JUDGEMENT

(1.) Two questions have been referred to this Full Bench: (1) Does the alteration made by Section 32, U. P. Tenancy (Amendment) Act (X [10] of 1947) in the period of limitation for a suit under Section 180, U. P. Tenancy Act, govern suits instituted before the enactment came into force ? (2) Can the new rule of limitation be applied for deciding cases which have reached the stage of appeal ?

(2.) The facts which gave rise to the reference have been stated in the referring order of Misra J. Briefly they are as follows. A suit was filed under Section 180, U. P. Tenancy Act, on 2-1-1943 for possession over six plots in village Khainchulwa, Pargana Amsin, district Faiza-bad, and for recovery of damages amounting to Rs. 48. The suit was filed by the plaintiff Sobhaman, an under-proprietor. His case was that he was dispossessed from the plots by the defendant-appellant Raghuraj Singh in the year 1942. The defendant-appellant Raghuraj Singh is one of the cosharers in the relative superior proprietary khata. Raghuraj Singh denied the plaintiff's title and pleaded adverse possession and the bar of limitation.

(3.) The trial Court dismissed the suit on 12-4. 1944. On appeal the District Judge held that the plaintiff was an under-proprietor and that adverse possession by the defendant had not been proved but remanded the case for a finding on the question of the plaintiffs possession within limitation.