ADYA PD Vs. DURGA JI

JUDGEMENT

(1.) THIS is plaintiffs' second appeal in a suit for permanent injunction restraining the defendants from interfering with their possession over certain land described at the foot of the plaint.

(2.) IT was the admitted case of the parties that the land was appurtenant to house No. 320 of Gopiganj Bazar, Pargana Bhadoi, district Varanasi. The dimensions of the land were given as 10' on the north, 16' on the south, 97' on the east and 94' on the west. There were two defendants in the suit and they are the two defendant respondents in this appeal, namely, Shri Durga Ji, through Shri Sita Ram Mali, Panda Shri Durga Ji, and Shri Sita Ram son of Shri Durga Mali. On the pleadings of the parties the trial court framed the following seven issues :- 1. Whether the house standing on the land in suit belonged to Kamta? If not to whom the house belonged? 2. Whether the house in suit was purchased by Anant Ram from Kamta?

(3.) WHETHER the suit is barred by 12 years rule of limitation?