BIRESWAR BANERJEE AND ANR Vs. SADHIRAM ATOI

JUDGEMENT

(1.) The facts leading to this appeal are these. Some land measuring 5 B. 3 K. 5 Ls. belonged to the defendant. The land was sold for recovery of arrears of land revenue, At the revenue auction sale, it was purchased by one Kunja Babu. He died. The plaintiffs are the executors under his will and are managing the estate. They instituted the suit, out of which this appeal has arisen, originally for possession of 3 kathas situated towards the south-western side of the plots purchased at the auction sale by Kunja Babu.

(2.) The defendant resisted the claim. He pleaded that the land in suit had not been purchased by Kunja Babu as alleged in the plaint, It was also contended that the suit was barred by limitation both under Arts. 142 and 144, Limitation Act.

(3.) A Survey Commissioner was sent for local investigation. He had to find out the exact area in possession of the defendant. He reported that he was in possession of 3 K. 1 L. and not 3 katha only as plaintiffs had alleged. During the course of this investigation, defendant claimed that he was also in possession of 2 vacant plots-measuring 3 K. 8 Ls. adjoining the bustee land to which the suit related. These plots were also included in the land purchased by Kunja Babu at the auction sale,