DINESH CHANDRA BANERJEE Vs. ROMESH CHANDRA DAS

JUDGEMENT

(1.) This is a second appeal by the first defendante, who are the sons of one Raj Chandra Bhakta. The suit was brought by the plaintiffs, Romesh Chandra Das, and Jogesh Chandra Das, sons of the late. Radhaballay Dass, against the first defendants, the Bhaktas, and against the other defendants, who may be called defendants Nos. 2 to 6.

(2.) The plaintiffs are the proprietors of an Estate No. 6308 and defendants Nos. 2 to 6 are the proprietors of the adjoining Estate No. 6307 and the suit was brought by the plaintiffs to establish their right to about 34 bighas and also to recover possession, and to eject the first defendants from the lands.

(3.) It has been held by the lower Appellate Court that the plaintiffs have established their title to a portion of the 34 bighas, and that such portion formed part of the plaintiff s Estate No. 6308 and that finding of the lower Appellate Court is not contested. But it is alleged on behalf of the first defendants that the plaintiffs cannot recover possession in this suit, because it is barred by the Act of Limitation, and it is said that the plaintiffs were not in possession of the land in dispute within twelve years before the institution of the suit.