LAWS(ORI)-2018-6-24

PURNA CHANDRA MISHRA Vs. TAHASILDASR, NILGIRI AND ANOTHER

Decided On June 25, 2018
Purna Chandra Mishra Appellant
V/S
Tahasildasr, Nilgiri And Another Respondents

JUDGEMENT

(1.) This appeal is by the plaintiff. The suit was for declaration of title and correction of M.S.R.O.R.

(2.) The case of the plaintiff was that his father had purchased the suit land by means of a registered sale deed. His father was in possession of the suit land till his death. After him, the plaintiff is in possession of the suit land. In the M.S.R.O.R., the suit land had been wrongly classified as 'Gochar'. In the remarks column his possession had been reflected. He had planted trees over the suit land. He raised paddy crops. While matter stood thus, the Tahasildar, Nilgiri, defendant no.1 initiated L.E. Case No. 110/1 of 1988-89 for eviction. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants filed a written statement denying the assertions made in the plaint. The case of the defendants was that the suit was barred by limitation, since the same was filed after three years from the date of publication of the R.O.R. The suit land had been classified as 'Gochar'. The suit land is not identifiable.