PREMESWAR DAS Vs. MADHAB CHANDRA DAS AND ORS

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of title and khas possession. Plaintiff purchased the land in dispute by a sale deed, Ex. 1, dated 30th July 1917. To the south and west of this land was Maheswar's land. Maheswar was the father-in-law of the defedant in the case.

(2.) Plaintiff averred that defendant came into possession of the land by his permission some 5 years before suit on condition that he would vacate the land when plaintiff required it. Some three months before suit, a notice to quit was served on the defendant. He refused to quit setting up a title in himself.

(3.) The defence was that defendant had acquired title by adverse possession against the true owner. He had entered the land without any arrangement with the plaintiff and in the belief that the land was Sarkari khas. The Sadar Munsiff of Gauhati held that plaintiff had failed to substantiate his pleas that defendant entered on the lands with his permission and was a licensee for a period of five years before suit, that he repudiated his title only when he was asked by notice to deliver possession of the land. He further held that in view of the allegations made in the plaint, it was for the plaintiff not only to prove title but his possession within 12 years before suit. This also he could not prove. The plea of the defendant that he had been in adverse possession for over 12 years was also considered and the finding arrived at was in his favour. As a result of these findings, the suit was dismissed. On appeal the order was affirmed by the District Judge, A.V.D. Plaintiff has appealed to this Court.