BEHARI LAL NANDI Vs. NRITYANANDA GHOSE

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of title to, and recovery of possession of, one bigha of land.

(2.) The disputed one bigha has been found to be an ascertain to another 12 cottas of land. The 12 cottas of laud was found by the Court of first instance to belong to the plaintiffs. The lower Appellate Court, however, was of opinion that the plaintiffs could not succeed, because they had not set up a case of accretion but had set up a case of re-formation in situ, and he gave also other reasons for deciding the question of title against the plaintiffs.

(3.) It is unnecessary, however, to discuss the question of title as we think that the finding upon the question of limitation disposes of the case. It has been found by the learned Subordinate Judge that the plaintiffs suit is barred by limitation as they had failed to prove possession within 12 years of the suit.