MANNA Vs. ANAR

JUDGEMENT

(1.) THIS Second Appeal has been filed by the appellant (plaintiff) against the judgment dated 24th July, 1981 of the learned Additional District Judge, Raigarh in Civil Appeal No. 69 A/80 by which learned Judge has affirmed the judgment and decree dated 15.9.77 of the learned Civil Judge, Class II, Khilchipur in CS No. 73A/69 dismissing the suit of the plaintiff-appellant for possession and mesne profits.

(2.) THE appellant has filed suit for possession of the suit-land-alleging that the defendant had illegally taken possession thereof and dispossed the plaintiff and gained mesne profits at the rate of Rs. 1,000/- per annum. The suit was resisted by the respondent No. 1 Anar (defendant No. 1) on the ground that he was in possession of the suit-land which he had received as his share in partition about 60 years prior to the filing of the suit and he was in possession thereof as the owner of the land. It was also pleaded by the defendant No. 1 that since the said defendant had continued in possession with the knowledge of the plaintiff for a period of 16 years, he had, even otherwise perfected his title by adverse possession. Plea of the suit being barred by limitation was also raised. Both the trial Court as also lower appellate Court have dismissed the suit.

(3.) MR . S.K. Pawanekar learned counsel for the appellant has appeared for the appellant while none has appeared for respondents.