SUKDEB PADHAN Vs. NITYANANDA PADHAN

JUDGEMENT

(1.) PLAINTIFF is the petitioner. His case is that the defendant borrowed a sum of Rs. 400/-on 6th February 1951 and usufructuarily mortgaged 'a' scheduled land on execution of an unregistered mortgage bond (Ex. 1 ). Delivery of possession was given on the same day and the plaintiff was in peaceful possession up to the last baisakh Purnima corresponding to 20th April 1961 when the defendant forcibly trespassed and put the disputed land into his khas-possession. The defendant did not pay the loan despite repeated demands. The cause of action for the suit arose on 20-4-1961, the date of dispossession.

(2.) THE defendant denied the factum of loan, usufructuary mortgage, possession by the plaintiff and dispossession by himself. He, however, admitted execution of the document (Ex. 1 ).

(3.) THE learned S. C. C. judge found that the plaintiff advanced the loan of Rs. 400/- under Ex. 1 and was put into possession of the suit land, the usufruct of which was agreed to be appropriated towards the interest and that the plaintiff was forcibly dispossessed by the defendant on 20-4-1961. He, however, dismissed the suit on the finding that it was barred by limitation.