PALAKDHARI MAHTON Vs. PURANDRA PRASAD

JUDGEMENT

(1.) This is an appeal by the defendants against an appellate decree of the Subordinate Judge, Second Court of Monghyr, decreeing the suit of the plain, tiff for recovery of possession of certain lands on establishment of title thereto. It is unnecessary to state the facts at length. The subject matter of dispute is Plot No. 219, a pokhar, recorded as ghair mazruam in the survey. After the survey there was a batwara. There was some dispute in the Courts below as to whether this plot can be said to have fallen into the patti of the plaintiff, the defendants relying upon the fact that this batwara plot was shown in the map but not shown in the batwara pattidari.

(2.) The lower Appellate Court has come to a clear finding that this Plot No. 219 belongs to the plaintiff and has also come to a finding that the plaintiff after the batwara from the Collector obtained delivery of possession of his batwara patti through the Collectorate on 23 February 1921. Therefore the title and possession of the plaintiff were established on that date. The present suit having been filed on 8 February 1933, this action was prima facie within time unless the defendants could show that they had acquired title to this plot and were in possession under such title.

(3.) This the defendants purported to do by alleging settlement from one Jamuna Prasad, an ex-co-proprietor of the original tauzi, on payment of salami; and their further case is that after the settlement the defendants come into possession of this plot and began to cultivate it and ever since they have been cultivating it. They relied upon their adverse possession in the alternative.