MADHAB CHANDRA BARUA AND OTHERS Vs. SMT. JOYMATI KALITANI BARUA

JUDGEMENT

(1.) THIS appeal is by the Defendants and is directed against a judgment and decree passed by the Assistant District Judge, Darrang, Tezpur, in Title Appeal No. 34/70.

(2.) THE facts of the case may be briefly stated as follows:

(3.) THE two defendants have contested the suit. In their written statements, they have stated that Mukunda died about 20 years ago and one year after his death, Laheswari left her husband's place for good, relinquishing her claim to the share of her husband's properties in favour of Dhutiram and returned to live in her parents' home as early as 13 -6 -1939, and since then neither Laheswari, nor the plaintiff had any possession in the suit land. After returning to her parents' home, Laheswari filed a number of mutation cases in respect of her share in the suit land; but her prayers for mutation were rejected by the Sub -Deputy Collector concerned. As, thereafter, she did not file any Civil Suit, her claim is now barred by limitation and the defendants have acquired title to the suit land by adverse possession.