G.K.MISRA
GADAM NARASAMMA – Appellant
Versus
DANDASI NAYA – Respondent
JUDGMENT :
G.K. Misra, J. - The suit is for declaration of title and permanent injunction. The disputed land consists of one cent of land in Survey No. 503 in village Boragan within Aska Taluk. Plaintiff's case is that the disputed land belonged to the Government and was assigned to her husband who executed a registered sale deed (Ex. 2) on 13.8.1955 in her favour. The Defendants, who are Bauries of the village, threatened dispossession and hence the suit. The defence case is that the Plaintiff husband encroached upon the suit-site which is a village poromboke. On the objection of the Defendants, Plaintiff's husband was found to have mad the encroachment and an order of eviction was passed. No patta has been granted to the Plaintiff's husband and neither the Plaintiff nor her husband was ever in possession. The learned Munsif found that the Plaintiff had a good title. On a finding that she had been dispossessed, he passed a decree for declaration of title and recovery of possession. The learned Subordinate Judge, in appeal, held that the Plaintiff failed to establish a valid title; and even though she proved her possession, it fell short of the statutory period of 12 years and she h
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