GURUSHARAN SHARMA, J. - (1.) PLAINTIFF is appellant. Subject matter of dispute in the present appeal is one acre of land from south, out of total 3.53 acres land of plot no. 767, situated in Village -Bhandaro, District -Giridih, detailed in Schedule A to the plaint which, plaintiff claimed to have obtained from Sewa Rai and Anandi Rai, both sons of Todi Rai in Dar -raiyati by registered sale deed dated 6.1.1964 and grown bamboos and Kathal Trees and plants thereon and cultivated the same for about 35 years adversely, openly and continuously to the knowledge of defendants and all concerned without any objection by anybody and as such acquired title by adverse possession over the said land. Rooms, varanda etc. have been constructed thereon by the plaintiff and a well has also been dug.
(2.) DEFENDANTS claimed to have purchased 1.96 acres land of plont No. 767 from Titoo Rai. According to plaintiff, neither Mostt. Sibia or her husband, Titoo Rai had any interest in the lands of plot No. 767. On 27.6.1973 defendants cut away 50 bamboos from the suitland. There was a proceeding under section 145 of the Code of Criminal Procedure between Titoo Rai and Lekho Dhobi, father of defendants 2 and 3 on the one hand and plaintiff's vendors on the other in respect of entire 3.53 acres of plot No. 767 along with other lands, which by final order dated 15.5.1957 was decided in favour of Titoo Rai and Lekho Dhobi and their possession was declared thereon. Sewa Rai and Anandi Rai did into file any civil suit within the period of limitation as prescribed under Article 47 of the Limitation Act, 1908 (hereinafter referred to as 'the Act'), i.e. within three years from the date of the aforesaid final order passed in 145 proceeding. Hence, after expiry of said period their right to recover possession of the lands concerned from Titoo Rai and others was extinguished under the provisions of the Section 28 of the said Act.
(3.) PLAINTIFF 's vendors also did not take any step under Section 145(4) of the Criminal Procedure Code.;