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Maharaja Birendra Kisore Manikya Bahadur Vs. Ram Kumar Chakravarti and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Limitation
CourtKolkata
Decided On
Judge
Reported in32Ind.Cas.856
AppellantMaharaja Birendra Kisore Manikya Bahadur
RespondentRam Kumar Chakravarti and ors.
Cases ReferredBirendra Kishore Manikya Bahadur v. Roshan Khan
Excerpt:
adverse possession - landlord and tenant--settlement proceeding, right claimed at--hostile right--suit for possession--limitation. - 1. both courts have agreed in dismissing this suit; and it is conceded that no case is more favourable to the plaintiff than this. the munsif expressly purported to follow the decision in birendra kishore manikya bahadur v. roshan khan 13 ind. cas. 518; 39 c. 453; 16 c.w.n. 93 n.; 15 c.l.j. 203, where, in circumstances like the present, the learned judges considered that hostile right was claimed to the knowledge of the plaintiff, and no suit was brought until more than 12 years after. therefore, it was thought that the suit as framed was clearly barred by limitation and liable to be dismissed. that decision was certainly binding upon the lower appellate court, as it is on us, and we must, therefore, dismiss the appeal.
Judgment:

1. Both Courts have agreed in dismissing this suit; and it is conceded that no case is more favourable to the plaintiff than this. The Munsif expressly purported to follow the decision in Birendra Kishore Manikya Bahadur v. Roshan Khan 13 Ind. Cas. 518; 39 C. 453; 16 C.W.N. 93 n.; 15 C.L.J. 203, where, in circumstances like the present, the learned Judges considered that hostile right was claimed to the knowledge of the plaintiff, and no suit was brought until more than 12 years after. Therefore, it was thought that the suit as framed was clearly barred by limitation and liable to be dismissed. That decision was certainly binding upon the lower Appellate Court, as it is on us, and we must, therefore, dismiss the appeal.


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