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1982 Supreme(Gau) 85

B.L.HANSARIA
Biren Rava and Others – Appellant
Versus
Jnanendra Narayan Choudhury – Respondent


Advocates Appeared:
P.Choudhury

A suit filed by the appellants has come to be dismissed at the hands of the learned Assistant District Judge, Goalpara, Dhubri on the ground that it was barred by limitation. The suit was for khas possession on declaration of title. The learned Assistant District Judge has agreed with the learned trial Court that the plaintiffs were able to prove their title over the suit land. They have, however, been non-suited because, they had approached the Court beyond 12 years of their dispossession. It may be stated that the case of the plantiffs was that they had been dispossessed in Baisak 1367 B.S. (corresponding to April-May, 1960) and the suit was filed in 1968, and as such was within a period of 12 years from dispossession. The learned first appel­late Court, however, found on an appraisal of the evidence that the dispossession was not in 1960, but sometime in 1955-56, if not in 1950. The further view taken is that as the defendants possessed the land for more than 12 years preceding the filing of the suit, the defendants held the land adversely to the plaintiff for more than 12 years before the latter had approached the Court. The decree of the trial Court was, therefore, reversed an


















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