This appeal is directed against the judgment and order dated 29.10.98 passed by the learned Additional Deputy Commissioner (Judicial) Wokha in Title Suit No.22 of 1997 whereby the learned Court below, had held that the suit was within time and the prayer of the defendant that the suit is barred by limitation has been rejected.

2. This appeal has been filed by the defendant No.6. It will be pertinent to mention herein that in Title Suit No.22 of 1997, the plaintiff impleaded as many as 6 (six) defendants. The defendant Nos 1 to 5 have not file any appeal against the judgment and order dated 29.1.93 impugned in this appeal, and therefore, the impugned order dated 29.10.98 in so far with regard to the defendant Nos 1 to 5 has become final.

3. We have heard Mr. BN Sarma, learned counsel for the appellant/defendant No.6 as well as Mr. KR Murry, learned counsel for the respondents/plaintiffs at length.

4. Basic facts may be noted. Plaintiff filed Title Suit No.22 of 1997 alleging that the plaintiffs are the actual land owners at 17 to 31 KMs Wokha to Bokajan Road in Pongiton village and properties were destroyed during the new formation of cutting of Wokha to Bokajan Road, bu