S.S.SANDHAWALIA, A.K.SINHA
Pandit Brahma Nand Choubey – Appellant
Versus
Members of Bhoodan Committee – Respondent
ASHWNI KUMAR SINHA, J.
1. There three second appeals involve common question of law and hence have been heard together and are being disposed of by a common judgment.
2. Whether suits challenging the donation of land (Bhoodan) and consequently asking for declaration of title and recovery of possession are governed by section 17(4) of the Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as 'the Act'), i.e., by, special law of Limitation or by general law of limitation is the solitary significant question of law that arises for our consideration.
3. A few facts with regard to each of the appeals need to be sited.
(A) S.A. No. 27 of 1974.
This appeal is by the plaintiff against the judgment of affirmance. Plaintiffs-appellant filed the suit (T.S. No. 185, of 1960) for declaration of title and confirmation of possession in respect of 67 decimals of land in plot Nos. 241 and 243 of village Marhaura P.S. Dumraon, in the district of Shahabad fully described in Schedule 'Kha' of the plaint), omitting other details. In-short the plaintiff's case was that the disputed plots fell to the shale of the plaintiff in a partition in his family between the plaintiff’s father and his sons a
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