KEDAR NATH CHOWDHURY Vs. JATINDRA CHANDRA ROY

JUDGEMENT

(1.) The circumstances which have given rise to this appeal may be briefly stated. One Bani Chandra Acharya died, according to the plaintiff, in 1871, and according to the defendants, in 1864. He had a brother Radhamohan who died about the year 1876. Their mother Rammoni, according to the present appellants, died on the 3 of April 1892, but according to the respondents, died sometime in 1889. The plaintiff as reversionary heir of Bani Chandra commenced this action on the 31 March 1904 to recover possession of the disputed property which was admittedly a part of his estate.

(2.) In the Court of first instance, the plaintiff was met by various defences, amongst which the most important was the plea of limitation. The learned Munsif found that Rammoni died, as alleged by the plaintiff, on the 3 April 1902, that Art. 141 of the Limitation Act was applicable to the case and that consequently the claim was not barred by limitation.

(3.) Upon appeal, the learned Subordinate Judge held that Art. 141 was not applicable at all and that the case was governed by the decision of their Lordships of the Judicial Committee in the case of Lachhan Kunwar V/s. Manorath Ram 22 C.445; 22 I.A. 25. He found in substance that Radhamohan executed a Will by which he left his properties to his mother Rammoni who held not only the share of Radhamohan but also that of Bani Chandra under the Will; in other words, Rammoni held the disputed property not as the heir of Bani but as absolute owner by virtue of the Will of Radhamohan. In this view of the matter, the Subordinate Judge held that the plaintiff had no title to the property, because his title had been extinguished by adverse possession for the statutory period on the part of the mother of Bani.