BIREN CHALAK Vs. NARAYAN CHANDRA RAY AND OTHER

JUDGEMENT

(1.) The defendant in a suit for declaration and permanent injunction along with recovery of possession has preferred this Second Appeal against a judgment of affirmance.

(2.) Learned counsel for the defendant/appellant argues that both the courts below overlooked the principal objection taken by the defendant/appellant to the maintainability of the suit, that is, on the ground of limitation.

(3.) It is argued that although the plaintiff/respondent no.1 herein pleaded that the plaintiff was granted patta in the year 1993 in respect of the suit property on the strength of which title is claimed by the plaintiff, the defendant, it is submitted, was in occupation of the suit property from the year 1975 by making constructions thereon.