Law: Limitation Act (IX of 1908)

Section: 23

JUDGMENT   CHAKRABORTI. J.-The plaintiff is the appellant and the appeal arises out of a s"it for declaration of plaintiff's title to the disputed lands described in the schedule to the plaint after demarcation of their boundaries and for recovery of khas possession of the same by removing all obstacles therefrom. The plaintiff also prayed for a permanent injunction restrain ing the defendants from entering into the suit lands in future and causing any obstruction to plaintiff's peaceful possession.   The suit lands and the homestead originally were owned by two persons, Samiruddin and Ahad Mia. Samiruddin had 8 annas 2 karas share and Ahad Mia had 7 annas 191 gandas share. The plaintiff's story is that she acquir8 annas 2 karas share of the property that originally belonged to Samiruddin. In the year 1911, Ahad Mia brought a partition suit, being Suit No. 1739 of 1911, in the Subordinate judge's 5th Court, Dacca, and in that suit the homestead and other lands in question were partitioned by metes and bounds. After partition, Ahad Mia got his saham on the eastern side of the homestead. The two pathways marked L and M of the present Commissioner's map were kept ejmali between the two co-sharers. These pathways were meant as passages to the eastern tank which was ejmali between the two co-sharers. Both parties were given 8 annas title in the said pathways. The western boundary of the plaintiff's portion of the homestead was also fixed by the Commissioner. Plaintiff's predecessor did not take any delivery of possession in his saham although Ahad got possession in his allotment. It is also the plaintiff's story that the parties actually took possession according to the alleged saham, the saham for Samiruddin's heirs having gone to the plaintiff subse quently. The plaintiff's present suit was filed on account of certain encroachments by Ahad's successor, the present defen dant No. 1. The plaintiff's story is that the present defendants obstructed the two pathways L and M by erecting huts some four or five years before the suit and that the defendants also raised another but in part on the western…