JAGAMBA GOSWAMINI Vs. RAM CHANDRA GOSWAMI

JUDGEMENT

(1.) This is an appeal against a decision of the Officiating Judicial Commissioner of Chota Nagpur. The suit out of which the appeal arises is one brought to establish the right of the plaintiff, as shebait, to recover possession of certain land alienated, by one of his predecessors in favour of the predecessor of the defendants so long ago as the 17 Bysack 1227, or 28th April 1820, that is upwards of 80 years ago. The plaintiff contends that the land is debutter and that his predecessor had no right to make a gift of it as brahmottar land in favour of the defendants predecessor.

(2.) The lower Courts have found the land to be debutter. They have accordingly given the plaintiff a decree.

(3.) The defendants now appeal and on their behalf it is contended (i) that the suit is barred by limitation, and (ii) that the lower Courts were wrong in admitting in evidence a document described in the lower Appellate Court's judgment as the list of 1178. We need say no more with regard to this second plea than that for the reasons given at length by the Officiating Judicial Commissioner we consider that the document was properly admitted in evidence.