LAL MOHAN NATH Vs. MONORAMA SARMA

JUDGEMENT

(1.) This second appeal has arisen out of the judgment and decree, dated 29.4.2003, passed, in Title Appeal No. 27/2000, by the learned Civil Judge (Senior Division), Karimganj, dismissing the appeal and upholding thereby the judgment and decree, dated 25.5.2000, passed by the learned Civil Judge (Junior Division) No. 1, Karimganj, in Title Suit No. 65/1997, whereby the plaintiff/respondent's suit stood decreed.

(2.) The material facts and various stages, which have given rise to the present appeal, may, in brief, be set out as follows:-

(3.) The defendants contested the suit contending, inter alia, that the suit was not maintainable under Sec. 11 of the Code of Civil Procedure and also that the suit was barred by limitation, the case of the contesting defendants being, in brief, thus : The grand-uncle of defendant No. 1 was the owner and possessor of the suit land by right of inheritance and on his father's death, defendant No. Ts father inherited the suit land and the said house along with other properties and, on the death of his father, the defendant No. 1 has been in possession and enjoyment of the suit property. It is not the defendant No. 1, but the plaintiff, who is a licensee under the defendant No. 1, in the western part of the suit property. So far as the eastern part of the suit property is concerned, the defendant No. 1 have let out the houses, standing thereon, to different persons as tenants and defendant No. 1 has, thus, been in possession and enjoyment of the suit property. Defendants accordingly sought for dismissal of the suit.