D/L.6.

December 8, 2025.

.

MNS

SAT No. 121 of 2024

+

CAN 1 of 2024

Sri Biren Chalak

Vs.

Sri Narayan Chandra Ray and others

Mr. Samiran Giri,

Mr. Manimohan Basu

… for the appellant.

Mr. Narayan Chanera Roy,

Mr. Dhiman Ray,

Mr. Dip Chanda

…for the respondent no. 1.

1. The defendant in a suit for declaration and permanent injunction along with recovery of possession has preferred this Second Appeal against a judgment of

affirmance.

2. Learned counsel for the defendant/appellant argues that both the courts below overlooked the principal objection taken by the defendant/appellant to the maintainability of the suit, that is, on the ground of

limitation.

3. It is argued that although the plaintiff/respondent no. 1 herein pleaded that the plaintiff was granted patta in the year 1993 in respect of the suit property on the strength of which title is claimed by the plaintiff, the defendant, it is submitted, was in occupation of the suit property from the

year 1975 by making constructions thereon.

4. However, both the courts below overlooked the bar of limitation in decreeing the suit in favour of the plaintiff/respondent.

5. Secondly, it is contended that there was clear evidence of the defendant/appellant being in