MANMATHA NATH BOSE Vs. JAGAT RAM ROY

JUDGEMENT

(1.) The question involved in this appeal is, whether the suit is barred under Order II, Rule 2, of the Civil Procedure Code.

(2.) The suit was for recovery of possession of the lands in dispute on the allegation that the plaintiff had been dispossessed by the defendants.

(3.) The plaintiff s case was, that the land originally belonged to one Ganga Das, Roy, that on the death of the latter the property devolved on his cons, on their death again their mother, Mukta Keshi, obtained it by inheritance, and that the plaintiffs, as the nearest agnates of Ganga Das, had succeeded to the property on the death of Mukta Keshi, they being the reversionary heirs. It is alleged that the plaintiffs succeeded to the property on the death of Mukta Keshi in 1913, and were in possession of it until dispossessed by the defendants on the 17th April 1915.