1. This Second Appeal has been preferred against the judgment and decree dated 13.08.2003 passed by the learned Civil Judge (Senior Division) No.3, Kamrup at Guwahati in Title Appeal No.11/2002 affirming the judgment and decree dated 08.10.2001 passed by the learned Civil Judge (Junior Division) No.2, Kamrup at Guwahati in Title Suit No.82/1988.

2. The Second Appeal was admitted to be heard on the following substantial questions of law :-

(1) Whether the jurisdiction of Civil Court is barred under Section 32 of the Assam Fixation of Ceiling on Land Holding Act, 1956?

(2) Whether the suit is barred under Section 154(c) of the Assam Land and Revenue Regulations?

(3) Whether the suit is barred by limitation?

The appellant was given the liberty to urge any other substantial question of law that may emerge in the course of hearing.

3. The appellant as plaintiff had instituted Title Suit No.82 of 1988 in the Court of Civil Judge (Junior Division) No.2, Kamrup at Guwahati, (then Munsiff No.2), praying for a decree declaring her right, title and interest and for confirmation of possession over the suit land, alternatively, a decree for recovery of possession; a decree declaring that the Government Notifications dated 13.07.1987 and 03.02.1988 making allotment of the suit land in favour of the defendant No.2/respondent No.2 is void, illegal; a decree of permanent injunction and for other consequential reliefs.

4. The brief factual matrix of the Plaintiff’s case as set out in the plaint is that the land measuring 1 bigha covered by L.C. Dag No.1 of Borati Borakhat Grant No.13, village No.2, Modghoria under Beltola Mouza in the district of Kamrup originally belonged to three persons, namely, P. G. Dombrain, E.W. Dombrain and M. B. Dombrain who had been impleaded as proforma defendant Nos.3, 4 and 5 respectively in the title suit. Smti. Surabala Choudhury, mother of the plaintiff, had purchased the said plot of land by means of a registered deed of sale bearing No.4755 dated 16.08.1961 pursuant whereto Surabala Choudhury was put in actual physical possession of the land. In the settlement operation for the period 1957-64 the name of Surabala Choudhury had been duly mutated in the Chita in respect of the said plot of land on the strength of her purchase and possession over the plot of land. Surabala Choudhury transferred the said plot of land measuring 1 bigha by executing a registered deed of gift bearing No.7105 dated 22.08.1971 in favour of her daughter i.e. the plaintiff/appellant. The plaintiff/appellant had accepted the said gift and obtained delivery of possession of the plot of land. The plaintiff/appellant continued to posses the said plot of land measuring 1 bigha described in the schedule to the plaint which is the suit land. It is also the case of the plaintiff/appellant that upon obtaining possession of the suit land she had raised two houses thereupon and her two sons being educated and unemployed youths had been carrying on poultry farming and seasonal vegetable cultivation thereon. The plaintiff/appellant has also been paying land revenue in respect of the said plot of land. It is the case of the plaintiff/appellant that in the settlement operation during 1923-28 the suit land was included and covered by N.C.Dag No.1, Borati Borakhat Grant No.13 of village Modghoria No.2 under Beltola Mouza in the district of Kamrup. In the settlement operation during 1957-64 the suit land was shown as dag no. 7(old)/38(new) in the draft Chita and then again it was changed and renumbered as Dag No.34 of Patta No.1 of 30 years settlement. While the aforesaid land was under the possession of the Plaintiff, on 13.07.1987 the Government of Assam, Revenue (B) Department passed an order for allotment of 3 kathas of land purporting it to be ceiling sarkari land covered by Dag No.46, village Modghoria, N.C. Beltola Mouza in favour of the Defendant No 2/ respondent No 2. On the basis of the said order of allotment, 3 kathas of land ou