https://www.taxtmi.com/caselaws?id=185142 In a suit for possession, Article 142 of the First Schedule to the Limitation Act, 1908 applies only where the plaintiff sues on the footing of prior possession and alleges dispossession or discontinuance, in which case the plaintiff must prove suit within twelve years of that event. If the plaint contains no such allegation and the plaintiff fails to prove the tenancy set up, that failure does not by itself establish dispossession or adverse possession. The suit then falls outside Article 142 and is governed by Article 144, under which the burden shifts to the defendant to prove adverse proprietary possession for more than twelve years. The Allahabad HC answered the reference in favour of the plaintiff-appellant. en-us Wed, 19 Mar 1969 00:00:00 +0530 Sat, 12 Nov 2016 12:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185142 In a suit for possession, Article 142 of the First Schedule to the Limitation Act, 1908 applies only where the plaintiff sues on the footing of prior possession and alleges dispossession or discontinuance, in which case the plaintiff must prove suit within twelve years of that event. If the plaint contains no such allegation and the plaintiff fails to prove the tenancy set up, that failure does not by itself establish dispossession or adverse possession. The suit then falls outside Article 142 and is governed by Article 144, under which the burden shifts to the defendant to prove adverse proprietary possession for more than twelve years. The Allahabad HC answered the reference in favour of the plaintiff-appellant. Case-Laws Indian Laws Wed, 19 Mar 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185142