LAHAR SINGH Vs. JOHAN MUNDA

JUDGEMENT

(1.) This is an appeal on behalf of the defendant in a suit for recovery of possession of immoveable property. The plaintiff claims the disputed property as his, korkar land, from which he alleges to have been forcibly ousted by the defendant in May, 1904; he commenced this action on the 23rd December 1908. In the Court of first instance, the claim was resisted on the merits as also on the ground of limitation. The Court found upon the question of limitation in favour of the plaintiff bit dismissed the suit on the merits. The plaintiff appealed and convinced the Judicial Commissioner that the decision on the merits, in so far as it was adverse to him, was erroneous. The defendant-respondent did not urge that the decision upon the question of limitation was wrong. Under these circumstances, the Judicial Commissioner did not re-investigate the question of limitation but reversed the decision of the Court of first instance and decreed the suit.

(2.) In the present appeal by the defendant, two grounds have been urged; first, that the question of limitation should have been examined by the Judicial Commissioner; and, secondly, that upon the pleadings, the suit was barred under Section 237 of the Chota Nagpur Tenancy Act, 1908. In our opinion, there is no substance in either of these contentions.

(3.) The Court of Appeal below was not called upon to determine the question of limitation which had been decided in favour of the plaintiff in the primary Court; that decision was not attacked by the defendant, and the Court was, therefore, concerned only with the question on the merits.