The trial companyrt dismissed the suit as barred by limitation on a finding that the defendant is in possession of the encroached land since Samvat 1996 i.e. the year 1940.
The plaintiffs case is that while he was out of the village in the companyrse of his duties being in government service, the defendant Deva encroached upon suit land in July, 1966.
The suit of possession was instituted on 18.12.1972.
The first appellate companyrt companyfirmed the above finding of the trial companyrt and upheld the dismissal of the suit on the ground of limitation.
