NARAIN PAL Vs. ADDOITA MONDAL

JUDGEMENT

(1.) In this second appeal, defendants Nos. 1 to 9 and 11 are the appellants before me. Among the prayers of the plaint are the following : (a.) to declare the title of the plaintiff to the 5 cottahs of land out of the 15 cottahs comprised within the boundaries given, (b) to give the plaintiff a decree for possession of the said 5 cottahs of land. The suit, therefore, is a suit for declaration of title and consequential relief in the way of possession.

(2.) The defendants who are potters plead a right in the nature of an easement to take earth from time to time from any 10 cottahs of land within a larger area said to comprise 7 bighas including the 5 cottahs in dispute, and to belong to the plaintiff. The case for the defence is thus stated in paragraph 6 of the written statement: "The claim of the plaintiff is barred by limitation inasmuch as these defendants have for upwards of 12 years held adverse possession of any 10 cottahs of land within the boundaries given below, as well as of the land in suit, since the time of their ancestors and since the time of those of the plaintiff and pro forma defendant." The plaintiff, on the other hand, alleges that earth was dug first from the 5 cottalis in dispute in Pous 1311.

(3.) In the Court of first instance, the suit was decided in favour of the defendants. The learned Subordinate Judge reversed the Munsif's decree and decided in favour of the plaintiff. Hence this appeal.