VISHWANATH NARAYAN Vs. MT. DEOKABAI

JUDGEMENT

(1.) THIS is a Letters Patent appeal by the defendants against the judgment dated 7-11-1940 passed by Gruer, J. in second Appeal No. 108 of 1938.

(2.) THE case out of which this appeal arises has a chequered history. The claim of the plaintiff was decreed by the trial Court, set aside in first appeal and was again decreed in second appeal.

(3.) THERE were proceedings under Section 145, Criminal P.C., against Narayan, defendant 2 and Sampatlal, the plaintiff (Misc. criminal case No. 21 of 1930). The Sub-Divisional Magistrate, Ellichpur, held that Narayan was all along in possession of the plot in dispute and passed an order in his favour on 3-11-1930 under Section 145(6), Criminal P.C., forbidding all disturbance till he was evicted in due course of law by a civil Court (Ex. P-1). Under Article 47, Limitation Act, Sampatlal was bound to sue for possession within three years from 3-11-1930 the date of the order passed by the Sub-Divisional Magistrate against him under Section 145(6), Criminal P.C. This was however not done.