PRAN KRISHNA SHAHA Vs. NABA KUMAR CHOWDHURY

JUDGEMENT

(1.) This, appeal arises in a litigation regarding certain property which is claimed by the plaintiff as his Lakheraj Brahmotar property.

(2.) Both the lower Courts have found that though the plaintiff was unable to connect this property with any sanad, or document, or grant, it was sufficiently proved that he had been in uninterrupted possession for over 12 years.

(3.) On behalf of the defendants,it is now urged, first, that there was no issue, and no allegation on the side of the plaintiff, as to title having been acquired by adverse possession for over 12 years; and, secondly, that the lower appellate Court has wrongly admitted, and considered in evidence copy of a deposition given by the defendant No. 3 on the 1 April 1903.