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1965 Supreme(Ori) 55

G.K.MISRA
ALARAKSHI BIBI – Appellant
Versus
UJALA BIBI – Respondent


Advocates Appeared:
B.Mohapatra, R.K.MOHAPATRA, S.P.ACHARYA, SK.RAHENOMA

G. K. MISRA, J.

( 1 ) PLAINTIFF No. 1 is the mother of defendant No. 7 and plaintiffs Nos. 2 and 3. The suit was in respect of rayati holding No. 6 measuring 19. 98 acres of land in village ischhapali. It is unnecessary to give the details of the respective claim of the parties as the second appeal is confined to the question of limitation. The suit was for declaration of title and recovery of possession. There was a proceeding Under section 145 Cr. P. C. in respect of the disputed lands. Plaintiffs Nos. 2, 3 and defendant No. 7 constituted the first party. Admittedly plaintiffs Nos. 2 and 3 were minors then. Deceased Gaffur Khan, the husband of defendant No. 1 and father of defendants Nos. 2 and 3, defendants 4 and 5 and deceased Khasaran Bibi were members of the second party. The proceeding was disposed of in favour of the second party on 7-6-52. There was a subsequent proceeding Under Section 145 cr. P. C. which confirmed the previous order on 12-3-1958. As nothing turns out on the order of the Section 145 proceeding, details of that case need not be given. Defendants 1 to 6 took the plea that they had title and possession thereof. A further plea was taken that the suit was bar
















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