Calcutta High Court (Appellete Side)
Jai Kumar Karnani vs Union Of India & Ors on 29 September, 2021
29-09-2021
Item no.64
IN THE HIGH COURT AT CALCUTTA
Subrata Civil Appellate Jurisdiction
SA No.43 of 2021
Jai Kumar Karnani
-vs-
Union of India & Ors.
Mr. Surojit Nath Mitra, sr. adv.
Mr. Binay Kumar Jain, adv.
Mr. Kumar Gupta, adv. ...for the appellant
This second appeal, from a judgement and decree
dated 31st May 2019 passed by the learned Additional
District Judge, 4th Court at Howrah in Title Appeal No.12 of
2017, is admitted on the following substantial questions of
law.
I) Whether the government is entitled to take the
defence of adverse possession to perfect its title to
immovable property by resorting to Article 64 of the
Limitation Act, 1963 or Article 142 of the Indian
Limitation Act, 1908?
II) Whether in case of a suit for possession based on
title, the period of limitation should be computed in
accordance with the provisions of Article 65 of the
Limitation Act, 1963, i.e. from the time when the
possession of the defendant becomes adverse to the
plaintiff, and not on the basis of the date when the
plaintiff was allegedly dispossessed?
III) Whether, after the learned appellate court below, after
having held that the learned trial court, despite
specific direction of the learned appellate court had
not adjudicated on the issue of adverse possession
and limitation could have sustained the impugned
judgment and decree which held that the plaintiff had
failed to prove that he was in possession within 12
2
years before the commencement of the suit?
IV) When the defendant did not lead any evidence to
establish when its possession of the suit property
became adverse to the plaintiff, could the suit be
dismissed by ignoring the evidence of the plaintiff
solely on the ground that it was barred by limitation?
We direct a notice of the appeal to be issued and
served upon the respondents by 15th November 2021.
Call for the lower court records which shall be transmitted to this court by 3rd December 2021.
The advocate-on-record for the appellant shall prepare and file an informal paper book in this court by 24th December 2021, serving one copy thereof on the learned advocate-on-record for each of the respondents at least seven days before the date of hearing of the appeal.
List the appeal for hearing before the appropriate bench on and from 17th January 2022.
[I.P. Mukerji, J] [Aniruddha Roy, J] 3