BALDEO NARAIN SINGH Vs. BABUAJI MAHTON

JUDGEMENT

(1.) In the suit which is the subject-matter of this appeal the plaintiffs alleged that defendant No. 1 had purchased certain parcel of land specified in the plaint from Musammat Tetari under a sale-deed dated the 16th November, 1938, and about five years afterwards, that is, on the 8th September, 1943, defendant No. 1 transferred the land to the plaintiffs for a consideration of Rs. 500/-. It appears that later on the uncle of Janak Mahton, Husband of Musammat Tetari, brought a title suit claiming title to the land. The suit was decreed by the Muasif on the 11th September, 1946, on the ground that Musammat Tetari had no title to transfer the land because she had re-married after the death of her husband Janak Mahton. An appeal was filed by Dalsingar Singh against the decision of the Munsif. The appeal was dismissed by the Subordinate Judge, and a second appeal to the High Court was also dismissed. The decision of the High Court is dated the 9th December, 1948. The present suit was brought by the plaintiffs on the 10th February, 1951, for a refund of the consideration money of the sale-deed and also for payment of the costs of the litigation. The plaintiffs also alleged that they were in possession of the land conveyed, but they were dispossessed on the 15th September, 1946, by Bihari Mahton. The trial court dismissed the suit. On appeal the decree of the trial court has been affirmed by the lower appellate court.

(2.) On the question of possession the lower appellate court has discussed the evidence given by both the parties and has reached the finding that the plaintiffs never obtained possession of the land purchased by them and that the story that they obtained possession and were subsequently dispossessed on the 15th September, 3946, was untrue.

(3.) The lower appellate court applied Article 97 of the Limitation Act and held that the period of limitation ran from the date of the sale, namely, the 8th September, 1943, and since the present suit was filed on the 10th February, 1951, the suit was barred.