KALI DEBYA Vs. BHAGABAN NANDA

JUDGEMENT

(1.) This is an appeal on behalf of the plaintiff in an action for declaration of title to immovable property. The plaintiff commenced this action on the 28 September, 1905, upon the allegation that she obtained this property by inheritance upon the death of her son, that the defendant has got himself registered in the collectorate, that in the record of right which was published on the 15 August 1897, the defendant was entered as the owner, that this circumstance has thrown a cloud on her title and that, therefore, she is entitled to have her title declared in the property, of which she alleges she is in possession.

(2.) The Court of first instance held with reference to the plea of limitation raised by the defendant that the suit was in time as it had been brought within 12 years from the date of the publication of the record of right. Upon the merits the Court of first instance found that the plaintiff had established her case. In this view a decree was made in favour of the plaintiff.

(3.) Upon appeal the learned District Judge held that as the suit was one for declaration of title to immovable property of which the plaintiff was admittedly in possession it ought to have been instituted within six years from the date when the right to sue accrued, that is, from the 15 August 1897. In this view of the matter the District Judge dismissed the suit.