CHANDRA DEO PAL Vs. JHINAK AND OTHERS

JUDGEMENT

(1.) This is a defendants second appeal in a suit for recovery of Rupees 2390.00 on account of damages suffered by the plaintiffs on account of their dispossession from the land in suit which the defendant had sold to them under a sale deed dated 11-3-1953 for Rs. 1590/ . The trial Court decreed the suit for the recovery of the entire amount claimed. The lower appellate court confirmed the decree.

(2.) The only point which was raised before the lower appellate court and which has been urged before me is that the suit was barred by limitation. The sale deed was dated 11-3-1953. The present suit was filed on 23-9-1965.

(3.) The plaintiffs case was that their names were mutated and possession delivered to them over the land in suit immediately after the sale deed. This allegation made in paragraph five of the plaint was expressly admitted by the defendant in paragraph five of his written statement. However some third persons Umrao and others filed a suit for declaration that they were sirdars in possession of the land in suit. The present plaintiffs and the defendant were made the defendants to that suit which was registered as suit No. 1518 of 1954 (Umrao Vs. Ram Bodh) . It was dismissed by the trial court on 4-9-1956 but was decreed on appeal by the district court on 29-4-1959. which decree was confirmed by this Court in second appeal on 12-7-1965.