Law: Limitation Act (IX of 1908)

Section: 142, 144

(a) Limitation Act (IX of 1908), Art. 142---Adverse possession---Entries in revenue record showing suit land in khudkasht of plaintiff in 1946-47, and his dispossession from same in 1950-51, about 20 years prior to institution of suit-Suit, held, governed by Art. 142 and barred by time Badri Khatik v. Narain Singh and others A I R 1946 Pat. 185 ref. (b) Limitation Act (IX of 1908), Art. 144 read with Art. 2(4)--Adverse possession-Computation of period of 12 years- Trespasser claiming possession through another trespasser---Can defeat right of owner by tacking on periods of adverse possession though each one's possession only for a period of less than 12 years. It is well settled that in a suit governed by Article 144 the defendant has to show that he has been in continuous adverse possession for 12 years. In view of the definition of "defendant" in section 2(4) of the Limitation Act in computing the period of 12 years of adverse possession, the adverse possession of a defendant can be tacked on to the adverse possession of the person from or through whom the defendant derives his liability to be sued. Thus a trespasser claiming through another tres passer can defeat the right of the owner by tacking on the periods of their adverse possession, though the possession of each one of them has been only for a period of less than 12 years. Mst. Ram Piari and others v. Budh Sen and others A I R 1921 All. 389; Baijnath and another v. Ram Bilas and others A I R 1924 All. 738; Sajjad Hussain v. Qurban Ali Beg A I R 1926 All. 697; Nomula Narasimha v. Vasam Mangamma (1925) 911 C 556 and Karamut Ali Majhi and others v. Halima Khatoon and others P L D 1953 Dacca 243 ref. Dates of hearing: 5th, 15th and 19th March 1971.   JUDGMENT This is defendant's appeal from the judgment and decree of the District Judge Hazara, whereby the District Judge accepted the appeal of the plaintiff-respondent and granted him a decree for possession of the suit land. 2. The points for determination in this appeal are, firstly, whether the plaintiff's suit is within time, and secondly, whether the defendant has acquired a prescribed title by adverse possession. The learned…