RAKHAL CHANDRA GHOSE Vs. DURGA DAS SAMANTA

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of the land in dispute on declaration of plaintiff's title thereto, The plaintiff and the defendant are patnidars under the owners of Touzi Nos. 92 and 14, respectively, both the Touzis being situate in the same village. The plaintiff claimed the land as appertaining to Touzi No. 92 while the defendant claimed it as part of Touzi No. 14.

(2.) The Court of first instance held that the plaintiff had failed to prove both title and possession and dismissed the suit. The learned District Judge on appeal found that plaintiff's title was proved, but that he failed to prove possession within 12 years and accordingly dismissed the suit. The plaintiff has appealed to this Court.

(3.) It is contended on behalf of the appellant, first, that the title having been found to be with the plaintiffs the onus was upon the defendant to prove that the claim was barred by limitation by reason of adverse possession on his part. Secondly, that in any case, having regard to the nature of the land, the onus should have been placed on the defendant. Thirdly, that the evidence on both sides having been found to be unsatisfactory, there was a presumption that possession follows title.