KRISHNA KANTA SARMA Vs. BHUBAN PRIYA DEBI

JUDGEMENT

(1.) This is an appeal from a decree and judgment of the Second Additional Judge, Assam Valley Division, dated 14th May 1947 by which the order of the Munsif, Barpeta, dated 25th April 194G granting plaintiff a decree for declaration of her title to the suit land and its khas possession was affirmed. Defendants have appealed.

(2.) The learned Counsel for the defendants has raised only one point. He contends that the suit was barred as it had been instituted more than two years after plaintiff's dispossession by the landlord. The case, he argued, was governed by Clause 4, Part I of Sch. I, Assam (Temporarily Settled Districts) Tenancy Act, 1935. According to this clause, a suit for recovery of possession claimed by a plaintiff as a raiyat or an under-raiyat otherwise than under Sections 35 and 41 respectively must be instituted within two years from the date of dispossession. The learned Second Additional Judge held that this clause had no application and the case was governed by Article 142, Limitation Act.

(3.) The case of the plaintiff was that her husband Was a tenant of the land. He died some 18 years before suit, On his death, the land devolved on her. She had no other male member in the family. She, therefore, got these lands managed through her husband's nephews, who are the contesting defendants in the case. They constructed a house on the homestead land with her consent. Later on, the defendants in collusion with the officers of the pro forma defendants (landlords) got the name of Krishna Kanta. defendant, mutated in the records of the superior landlords without her knowledge or consent. In 1348 B. s. defendants erected two more houses without her consent and asserted hostile title to the land.