RAMDEYAL MAHANTI Vs. PITAM BOURI

JUDGEMENT

(1.) This appeal arises out of an ejectment suit. The plaintiffs-appellants are the landlords of the village. There was a holding in that village belonging to the father of the defendant Pitam Bouri. It appears that some time in 1901 one Raghunath Sarangi brought this holding to sale and purchased it himself. The learned Subordinate Judge has held that though there was a formal delivery of possession in favour of Raghunath Sarangi in fact the Bouri continued in possession of the land. During the course of the settlement operations in 1911 Raghunath Sarangi was recorded as a raiyat of the holding, while the defendant was recorded as an under-raiyat under him.

(2.) In 1925 the sons of Raghunath Sarangi surrendered the holding to the landlord and the landlord instituted the present suit for ejectment of the defendant describing him as the under-raiyat of the Sarangi who had no right to continue on the land after the surrender.

(3.) The trial Court decreed the suit. On appeal the learned Subordinate Judge has dismissed it. The plaintiffs have preferred this second appeal. The finding of fact which as I have already stated, is that Raghunath Sarangi never obtained possession of the land on the basis of his purchase in the year 1901. On that finding the learned Subordinate Judge has held the suit to be barred by limitation.