NRISHINGHA KUMARI DASI Vs. SISIR KUMAR TARAFDAR

JUDGEMENT

(1.) This appeal has arisen out of suit for recovery of arrears of rent in respect of a Darputni, tenure Appellant Nrishingha Kumari Dasi is the holder of the tenure and Respondent Sisir Kumar Tarafdar is her landlord. The admitted rent of the tenure is Rs. 1,290-8. The Plaintiff has claimed this amount for a period of five years beginning from 1356 B.S. and for Ashar kist of 1351 B.S. with road cesses education cesses and damages calculated at 12| per cent. The total claim was laid at Rs. 9,295-13.

(2.) Several defences were taken in the written statement filed is the court below and one item of defence was that the claim for the first two years is barred by limitation in view of the provisions of Article 2 of Schedule III of the Bengal Tenancy Act. The defence of the Defendant was wholly negatived and the suit was fully decreed by the trial Court. So she hag preferred this appeal.

(3.) Mr. Sarat Chandra Janah, who argued the appeal on behalf of the Appellant, submitted only one question for our consideration, namely, the question of limitation. He contended that the Court below committed an error in law in not holding that the special provision of limitation contained in Article 2 of Schedule III of the Bengal Tenancy Act applies to this case. So the only point which requires our determination in this appeal is whether a suit for recovery of arrears of rent of Darputni tenure is governed by Article 2 of Schedule III of the Bengal Tenancy Act on by Article 116 of the First Schedule, of the Indian Limitation Act in the matter of limitation.