The court affirmed that a suit regarding title to property is barred by limitation under Article 58 of the Limitation Act, if not filed within three years of the cause of action arising.

JUDGMENT :

Bibhas Ranjan De, J.

Preface:-

1. The instant revision application has been preferred before this Court by the aggrieved petitioner, with a fervent prayer to set aside the impugned order dated 08.11.2017 whereby the Ld. 4th Civil Judge, (Senior Division) at Alipore in the Title suit no. 2611 of 2016, had erroneously and with respect, incorrectly declined to accede to the just and legitimate prayer made in the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC)

Background facts:-

2. The plaintiff/opposite party no. 1 had filed a suit for declaration of title and consequential reliefs including a prayer for declaration that the lease deed dated 28.09.2007 is void ab initio and further sought for recovery of possession and permanent injunction against the defendant no. 1/petitioner herein qua the suit property mentioned in the schedule to the plaint.

3. The defendant no. 1/petitioner preferred an application under Order VII Rule 11 of CPC contending inter alia that the plaint fails to disclose the cause of action delineating the fact of acquiring title over the suit property by the plaintiff/opposite party no. 1 and also that the suit is barred by limitation:-

“1. On 1870 the Secretary of state of India conveyed the land commonly known as Dhapa Dumping Ground which is now popularly known as "Dhapa Square Mile" to the Justice of peace for conservancy of the city of Calcutta at the material point of time and thereafter the said land including the suit land were vested to the then Calcutta Corporation by operation of law i.e. Act IV of 1876.

2. Thereafter on or about 1880 the Corporation lease out the land to Bhabanath Sen for doing work of unloading of refuge wagons.

3. That on the Eastern Metropolitan By Pass, there eixts low lying area popularly known as DHAPA MATH consisting of Mouzas as Dhapa Boinchtala, Purba Topsia, Dhapa Manpur, Nimok Poltan, Paschim Chowbhaga Dhaleda, Tangra and adjoining area a small part of which is mainly meant for dumping and spreading Garbage of the city of Calcutta. The said area is the longest vacant land in the city and subject matter of the present suit and the land originally belongs to the Corporation of Calcutta at present known as Kolkata Municipal Corporation.

4. The Calcutta Municipal Corporation (previously known as Corporation of Calcutta) being the principal authority in civic affairs in respect of the city of Calcutta is required to perform various functions. One of such functions is the maintenance of proper conversancy system in Calcutta City which includes effective discharge of sewerage and dumping of garbage.

5. For better and effective discharge of sewerage and dumping of garbage, a plot of land outside limits of the City of Calcutta was necessary. Under Act No.VI of 1857 the Land Acquisition Act then in force, the Secretary of State of India in Council acquired 2005 Bighas 8 Cottahs 4 Chittaks of land near area now known as Salt Lake and by an Indenture of Conveyance dated 5th December, 1870 made over the said plot of land to the Justice of peace for the Town of Calcutta. The said plot of land subsequently vested in the Corporation of Calcutta by the Operation of Act No.IV of 1875 which superseded the Act V of VI of 1863.

6. Another small parcel of adjacent land was acquired under the Land Acquisition Act.

7. Bhabanath Sen was engaged by the Corporation of Calcutta to perform the work of unloading refuses of city of Calcutta within a portion of the said plot of land which was becoming the dumping ground.