THAKUR DAYAL RAI Vs. BISHUNDEO RAI

JUDGEMENT

(1.) This appeal by the defendants first party is directed against the decisions of the courts below decreeing the suit of the respondents first party in part, which was for declaration of title to and recovery of possession of 4 kathas 15 dhurs of land bearing survey plot No. 530, Khata No. 122, in village Pojhia in the district of Muzaffarpur. Admittedly, the aforesaid plot stands in the name of the ancestor of the respondents first party and third party in the survey record-of-rights. Plot No. 529 which is adjacent north of plot No. 530, is recorded in the name of the ancestor of the appellants and the respondents second party.

(2.) According to the case of the respondents first party, there was a ridge in between plots 529 and 530, which was demolished in 1957 by the flood water of river Baghmati. After the flood had receded, the appellants, in collusion with the respondents second party, forcibly and illegally ploughed a portion of plot No. 530 along with their own plot No. 529 and thus dispossessed the plaintiffs, in the month of Savan, 1364 Fasli.

(3.) The appellants set up a number of pleas including limitation and non-maintainability of the suit. The main defence, however, was that the area in dispute was a part and parcel of plot No. 529 which belonged to them and it never formed part of plot No. 530. In the alternative, they, set up a title in them by adverse possession. They, however, did not give any specific date on which they came in possession of the disputed area of land.