PANNA LAL BISWAS Vs. PANCHU RUIDAS

JUDGEMENT

(1.) This appeal arises oat of a suit for declaration of the plaintiff's title to the land in dispute, and for recovery of possession of the same with mesne profits.

(2.) It appears that in consequence of disputes between the plaintiff's predecessor and the defendant the land was attached under the provisions of Section 146, Criminal Procedure Code, on the 10 June 1904. The plaintiff's mother brought a suit in 1904 for declaration of title to the land, but that was dismissed on the ground that she was benamdar for, her husband. The plaintiff's father subsequently brought a suit in 1907, but it was withdrawn with liberty to bring a fresh suit. The plaintiff then brought the present suit on the 2 May, 1916, alleging that the cause of action arose on the 10 June 1904, the date of the attachment.

(3.) It was found by the Court of first instance that the plaintiff had proved his title to the land, but that he was dispossessed in April 1904, i.e., some time before the date of attachment by the Criminal Court under Section 146, and that he could not get a fresh start for limitation from the date of attachment and accordingly dismissed the suit on the ground that it was barred by limitation. On appeal also the learned Subordinate Judge held that the suit was barred by limitation.