BADRI NARAIN JHA Vs. RAGHUNANDAN JHA

JUDGEMENT

(1.) This appeal by the plaintiff arises out of a simple suit for declaration of title to and recovery of possession of 14 dhurs of land which on the findings appertain to plot No. 20.

(2.) The Courts below have concurrently found that the title to plot No. 20 was with the plaintiff. But the appellate Court in disagreement with the trial Court dismissed the suit upon the ground that the plaintiff had not proved that he was in possession within twelve years of 28 January 1944, the date on which the suit was instituted. The trial Court had also given a decree in favour of the plaintiff for the price of 250 bamboos said to have been out by the defendants, but this decree was also reversed m appeal. Hence the second appeal to this Court.

(3.) It is argued on behalf of the appellants that having regard to the nature of the lands and the subject matter of the dispute namely the bamboo clump, the Court below was wrong in throwing the onus on the plaintiff and that it should have been held that in such a case possession follows title. We are satisfied on a perusal of the judgment of the learned Additional District Judge that he was wrong in upsetting the decree of the trial Court. As we have said above, the nature of the subject-matter of dispute was a bamboo clump and it was not capable of possession every day or even at a particular season every year. The only finding of the trial Court is that the defendants got the bamboos out on 15 January 1944.