MD JURAN ALI Vs. MD AFNUR ALI

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the Judgment and decree dated 1.7.86 passed by the Assistant District Judge No. 2, Kamrup at Guwahati in Title Appeal No. 10 of 1983 dismissing the same and affirming the judgment and decree dated 30.3.83 passed by the Munsiff at Gauhati in Title Suit No. 170 of 1980.

(2.) The only point for consideration in this Second Appeal is whether the learned lower appellate Court was right in rejecting the appeal on the ground of limitation.

(3.) The present appellant as plaintiff filed a suit claiming that he had purchased the suit land measuring 1 Bigha 4 Kathas 19 Lechas covered by Dag No. 54 of K.P. Patta No. 250 as described in the schedule of the plaint from the legal heirs of Late Badal Ali by registered deed on 2.12.68 for Rs. 400'00 and took over possession of the same. That mutation was also allowed in the name of the plaintiff. The opposite parties having failed in the mutation case got the suit land attached by initiating a proceeding u/s 145 Cr.P.C. in which the trial Court declared possession of the suit land in favour of the opposite parties. Against this the revision petitioner preferred revision before the Sessions Judge and the same was rejected. Accordingly the plaintiff/ present appellant filed a suit for declaration of right, title and interest of the plaintiff over the suit land and also for recovery and for delivery of khas and vacant possession of the suit land. The said suit was dismissed and against this the present appellant filed appeal before the lower appellate Court and the lower appellate Court dismissed the appeal on the ground of limitation and therefore did not proceed to discuss the appeal on merits.