SHAMIRUDDIN MANDAL Vs. ABDUL BARI MANDAL

JUDGEMENT

(1.) This is an appeal by the plaintiff. He brought a suit to recover possession of certain property which had come down from his ancestor Dhonai Mandal on the ground that he had been dispossessed by other members of the family. Dhonai had two sons, Tar Mamud and Jaker Mandal. The plaintiff was the son of Tar Mamud. The suit relates to property which descended to Jakir Mandal.

(2.) The Munsif dismissed the suit on the ground of limitation as well as on the merits. On appeal, the District Judge without going into the merits, dismissed the suit on the ground of limitation.

(3.) It is now argued that the learned Judge was wrong in the view that he took of the question of limitation. The only point argued here is that under Article 127 of the Limitation Act, the onus was wrongly thrown on the plaintiff by the learned Judge.