SATI PRASAD GARGA Vs. GOBINDA CHANDRA SHEE

JUDGEMENT

(1.) In the suit out of which this appeal arises, the plaintiff sued for possession of some 8 bighas of land which was specified as settlement dags Nos. 823, 918, 919 and 700 and further for a perpetual injunctionrestraining the defendants from interfering with the plaintiff's possession after a declaration that the entry in the Record of Rights is erroneous ultra virus, and not binding on the plaintiff.

(2.) The plaintiff's case is briefly this--that the lands in dispute so far as dags Nos. 823, 518 and 919 are concerned were taken settlement of by some 5 persons so long ago as July, 1850. One of these five persons was one Gaya Narayan Shee, the grandfather of the plaintiff : that the plaintiff inherited the land in suit which formed part of the demised land as heir of his grandfather, and that he and his predecessors-in-interest had been in possession all along. With regard to the dag No. 700, he states that he purchased it from Madhab Kandar in 1316 and had been inposeejgion of the same since that date and that htfllad executed a kabuliyat in favour of the Govern ment khasmehal department, as this dig No. 700 was found to be included in the Government khas mehal being described as bund surplus land of the Government. The defendants resisted his claim and contended that the lands in suit so far as dags Nos. 823, 918 and 919 were concerned were recorded in their names in the Settlement Record of Rights. They contended that the amalnama was not genuine and further that the dags Nos. 823, 918 and 919 had not been included in the amalnama. With regard to dag No. 700 the defendants seemed to contend that the Government had no title to any portion of dag No. 700. They further argued that the suit was barred by limitation, the period of limitation applicable to the case being the special law of limitation provided by Art. 3, Schedule III of the Bengal Tenancy Act.

(3.) The trial Court and also the lower Appellate Court found all the issues in favour of the plaintiff and decreed the suit. The defendants have appealed to this Court.