Thakur Sri Sri Raghunath Jieu – Appellant
Versus
Ganga Gobinda Pati – Respondent
JUDGMENT
1. The suit out of which this appeal arises was instituted by the appellant in the Court of the Subordinate Judge, Bankura, for khas possession of certain lands and in the alternative for settlement of fair and equitable rent for the lands. The learned Subordinate Judge passed a decree for khas possession in favour of the plaintiff. On appeal by the defendants to the District Judge of Bankura the suit has been dismissed on the ground that it is barred by limitation. Hence this second appeal. The only point for determination in this appeal is whether the District Judge was right in dismissing the suit as barred by limitation. The material facts which are not in dispute now are as follows: The properties in suit belong to a deity called Sri Sri Raghunath Jieu, installed in days gone by, by the then Maharaja of Bishnupur in the Belut Asthal in the District of Bankura. On 3rd March 1868, Ramdas, Mohunt of this Asthal, gave a Mokarari lease of the disputed lands to the predecessor of the defendants at a fixed rent of Rs. 77-8-0 per year though there was no legal necessity for granting such mokarari lease, and went on receiving from the lessee the rent reserved by the lease till
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