BHOJ RAJ Vs. HARDEVA

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff (appellant) to recover a certain plot of waste land in the village from the defendants who, according to the plaintiff's allegation, have erected certain thatched sheds and cattle troughs without his permission a short time ago.

(2.) The defence raised was (1) that the sheds were 25 years old, (2) that the plaintiff had lost title because of want of possession for 12 years, and (3) that these constructions were necessary for the defendants cultivation in the village, or, in other words, that they were appurtenant to their holding.

(3.) The first court dismissed the suit on the ground that it was barred by time because the plaintiff had not proved his possession within 12 years of suit.