Judgement

MOHAPATRA, J :- This first appeal has been filed by the plaintiff whose suit has been dismissed only on the point of limitation by the learned Subordinate-Judge of Berhampur in his judgment dated 31-10-1949. The cause of action for the suit of the plaintiff is an order dated 2-10-1943 passed under the provisions of S. 145, Criminal P.C. The plaintiff is a purchaser of the disputed property described in the schedule of the plaint in a sale held, in execution of a decree obtained in a suit before the District Munsif of Berhampur, the judgment-debtor being one Saketi Boddu.

The date of plaintiffs purchase is 21-1-1936. The plaintiff also took delivery of possession through Court on 12-5-1936. The disputed lands being Government zeroyati lands, the plaintiff claims to have paid revenue or cist to the Government ever since the date of his purchase and that he was in possession of the disputed property.

According to the version of the plaintiff, his tenants raised crops in the year 1941; but defendant 2 who is the husband of defendant 1 cut and removed away the crops on 21-6-1941 from a portion of the lands with the help of some other persons. Thereafter proceedings under S. 145,