(1.) THIS is the plaintiff's appeal. The trial Court decreed the suit but the lower appellate Court dismissed it on. the ground of limitation.
(2.) THE brief facts are these: The plaintiff was appointed a Malguzar or Padhar of the Village Adhyali in the district of Almora in 1960. Formerly one Bal Mukund Sah was the Malguzar of the said village and he died in 1954. The plaintiff claimed to be entitled to the possession of the land in dis pute on the ground that the said land was Padhanchari land attached to the office of Malguzar. Formerly, the land was held by Bal Mukund as the Malguzar and subsequ ently, the plaintiff on his appointment to the said office became entitled to the same. The defendants-respondents were alleged to have been inducted into possession by Bal Mukund and to have been in permissive possession from the latter. With his appointment as the Malguzar in 1960, the plaintiff claimed to have become entitled to the possession of the land in dispute but as the defendants denied to part with possession, therefore, they were liable to be dispossessed and were also liable to pay damages for illegal occupation.
(3.) THE I Court decreed the suit on the basis of the following findings :-