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1922 Supreme(All) 331

GOKUL PRASAD, SULAIMAN
Ram Nain Misir – Appellant
Versus
Deoki Misir – Respondent


JUDGMENT

1. Second Appeal No. 799 of 1921 and Second Appeal No, 1098 of 1921 are plaintiffs' appeals arising out of a suit for recovery of possession of certain plots on the basis of a mortgage-deed, dated the 1st of August 1879, against the defendants who were alleged to have been in wrongful possession of them and, in the alternative, for recovery of the amount due together with interest.

2. The main plea on behalf of the defendants was that the plaintiffs had not been in possession of these plots within twelve years of the suit and that the defendants had been in possession of them, and, accordingly, the claim was barred by time, The Court of first instance, holding that the plaintiffs had been in possession within twelve years of the suit and that the defendants had not established their adverse possession for more than twelve years, decreed the claim for possession. On appeal, the learned District Judge has reversed that decree. On behalf of the plaintiffs, in second appeal, it is contended that the finding of the learned District Judge that the claim was barred by time, was erroneous.

3. It appears that the plots in dispute were mortgaged in the year 1879 by one Shiva Tahal Misr

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