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Judgment
The 3rd issue was framed on the assumption that the case was governed by Article 144 of the Second Schedule to the Limitation Act of 1877.
The judgment of the Subordinate Judge proceeded on this view. He accordingly dealt with the case as if the onus was on the defendant. In this we
think he was wrong. The article of the I/imitation Act which applies is Article 142 and the plaintiff must show possession and dispossession within
twelve years prior to the date of the institution of the suit. See Gopaul Chunder Chuckerbutty v. Nilmoney Mitter ILR (1884) C. 374 Mohima
Chunder Mozoomdar v. Mohesh Chunder Neoghi ILR (1888) C. 473 and Mahammad Amanulla Khan v. Badan Singh ILR (1889) C. 437. We
must therefore ask for a finding by the Subordinate Judge on the evidence on record whether the plaintiff or his predecessor-in-title was in
possession and was dispossessed within twelve years prior to the date of the suit. The Subordinate Judge will of course, in determining this
question, take into consideration the nature of the land in dispute.
The finding should be submitted within six weeks, and seven days will be allowed for filing objections.
In compliance with the above order, the District Judge found the issue against the plaintiff.
This second appeal coming on for hearing after the return of the above finding, the Court delivered the following
On the finding, which we accept, the suit is dismissed with costs throughout.