CHHUTURAM MAHANTA Vs. JAGDISH MAHANTA

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the reversing judgment of the learned Subordinate Judge, Rairangpur in Title Appeal No. 1 of 1984. The suit was one for declaration of right, title and interest, recovery of possession and for permanent injunction.

(2.) THE plaintiff's case, in brief, is this : The suit land described in Schedule 'A' of the plaint originally belonged to the State. In the year 1984 the Government settled the suit land in his favour and accordingly in the revenue records the same has been recorded in his name under Khata No. 114 of village Pandarsila. After acquisition, the plaintiff made it suitable for cultivation and had been possessing through his brother since no being a railway employee, had been staying outside. Taking advantage of his absence. the defendant illegally trespassed upon a portion of the sun land as per schedule 'B' of the plaint in the year 1979. This led the plaintiff to file the present suit claiming reliefs as aforesaid.

(3.) ON the above pleadings learned Munsif framed seven issues and on conclusion of the trial held the plaintiff to have title to the suit land. So far as defendants claim of adverse possession is concerned, he on assessment of the evidence negatived the same and consequently deserved the suit. On appeal by the defendants, the learned Subordinate Judge held that since the plaintiff's title to the suit land has been challenged, Article 65 of the Limitation Act, 1963 (hereinafter referred to as 'new Act') has no application and so plaintiff should have proved his possession within twelve years of the suit and the same having not been done, he is not entitled to the reliefs as claimed.' Having so held, he allowed the appeal and dismissed the suit.