HIATUNNESSA BIBI Vs. KAILASH CHANDRA SAHA

JUDGEMENT

(1.) This is a suit to recover possession of a parcel of land of which the plaintiff alleges that he was dispossessed by the defendants in the year 1299. The plaintiff's case was that the land formed part of a holding No. 267, which had been settled with him. Some four months after the institution of the suit, the plaintiff put in a petition before the Munsif in which he said that the disputed land was covered by plots Nos. 498, 499 and 500 of the Collectorate Chittas prepared in the year 1268.

(2.) The defence set up was that the disputed land belonged not to the plaintiff's holding bat to a holding which the defendants had acquired by purchase from Korban Ali in the year 1291.

(3.) Several issues were drawn up but it is only necessary, for the purposes of this appeal to notice two of them--the third and the fourth. The third is--"is the claim barred by limitation?" The fourth is--"Whether the plaint land appertains to plaintiff's jama and the defendants have wrongfully dispossessed him?" These issues were tried together and the Munsif found that the disputed land did not belong to the plaintiff's holding and farther that the plaintiff had never been in possession of this land within 12 years from the date of institution of the suit. He accordingly dismissed the plaintiff's claim.