ATAB SUNARRI Vs. TALIB HUSAIN MIA

JUDGEMENT

(1.) The appeal and cross-objection have arisen out of a suit for declaration of title and recovery of khas possession.

(2.) The plaintiff's claim shortly put was as follows : There were two brothers Wahedulla and Basiruddi each owning, an eight annas share in the properties. By an amicable arrangement Basiruddi alone possessed the properties and sold them to the plaintiffs in 1320 B.S. In 1321 B.S. the plaintiff grew paddy on the lands but was not allowed to gather the crops and was dispossessed by the defendants acting in collusion with each other. He then instituted this suit on 15 May 1924.

(3.) Defendant is the son of Wahedulla and defendant 2 is the purchaser of the properties from defendant 1. They claimed that defendant 1 had received the properties as gift from Wahedulla and Basiruddi. One of the defences taken was the plea of limitation, it being urged that there was an order under Section 145, Criminal P.C., on 11 February 1915 in favour of defendant 1 in respect of the properties and so the suit is barred in view of the provisions of Art. 47 of the Schedule to the Limitation Act which provides for a limitation for three years for a suit to recover possession of such property.