KAUSHALYA DEVI WIFE OF LATE SHANKAR PRAJAPAT Vs. STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE AND COLLECTOR GAYA

JUDGEMENT

(1.) HEARD learned counsel for the appellants and A.C. to S.C. ? 6 for the State.

(2.) THE above appeal is directed against the judgement and decree dated 12.12.1983 passed by 3rd Sub-ordinate Judge,, Gaya in Title Suit No. 13 of 1982 whereby the suit for declaration of title and possession over the suit land was dismissed.

(3.) LEARNED counsel appearing on behalf of the appellant submits that from perusal of the relief prayed in the suit, it would appear that the suit is for declaration of title and confirmation of possession. As a matter of fact, confirmation of possession was sought to be based on the title. The State of Bihar denied the title asserting the vesting of the suit land in the State of Bihar was asserted and as such, the appropriate Article under the above limitation Act would be Article 65 and not Article 113. It was accordingly submitted that the court below committed the error while applying Article 113 of the Act and held the suit barred by limitation.