ALIMUDIN SHEIKH Vs. BAHAR ALI @ BAHARUDDIN AND ORS.

JUDGEMENT

(1.) Only substantial question of law involved in this appeal is whether plaintiff's suit is barred by limitation. Plaintiff is the appellant in this appeal, who instituted the title Suit 23 of 1974 in the Court of Munsiff, Mangaldai, for recovery of possession of the suit land after evicting the defendants. In the suit plaintiff asserted that he had been annual patta holder of the suit land for long time and in the year 1972 he was dispossessed by the defendants. Defendants contested the suit by filing written statement contending amongst others that plaintiffs' suit was barred by limitation and that they having been on continuous possession of the suit land for more than 20 years, whatever right, title plaintiff had in respect of the suit land was extinguished by adverse possession.

(2.) On the pleadings 9 issues were framed by the learned Munsiff of which issue No. 5, 6 and 9 which are relevant for the purpose of enquiry in this appeal are as follows-

(3.) Both the parties led evidences in support of their respective contentions. The learned Munsiff on consideration of the evidences on record by the judgment and decree dated 29.5.78 held continuous possession of defendants over the suit land since 1959 was established and plaintiff not having filed the suit within 12 years since 1959, the suit was time barred and dismissed the suit.