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1951 Supreme(Pat) 16

RAI, V.RAMASWAMI
Dukhu Mahtha – Appellant
Versus
Nandlal Tewari – Respondent


Judgment

Ramaswami, J.

1. The question to be determined in this appeal is whether the claim of the plaintiff is barred by adverse possession under Article 144 of the Indian Limitation Act.

2. To enable this question to be considered it is necessary to state the material facts. It is the admitted case that the plaintiff is the occupancy tenant of khata Nos. 36 and 37 of village Silphore, that Thakkan Tewari and his brother Kali Tewari were khorfa tenants with respect to a part of the land comprised in the two khatas and they used to pay annual rent of Rs. 3 to the plaintiff. In the record of rights prepared in 1922 Thakkan Tewari and Kali Tewari are shown as under-raiyats paying rent to the plaintiff. In 1924 Thakkan Tewari and Kali Tewari died. The plaintiff alleged that he obtained khas possession of the land soon after; but in 1944 he was dispossessed by the defendants. The plaintiff therefore brought the suit for ejecting the defendants.

The main ground of defence was that the plaintiff never obtained possession of the land after the death of Thakkan Tewari and Kali Tewari. The defendants asserted that they continued in possession as heirs of Thakkan and Kali Tewari, that they we























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