DWIJENDRA NATH MUKHERJEE Vs. PROMODE KISHORE MONDAL

JUDGEMENT

(1.) The main question which arises for consideration in this appeal is whether the plaintiffs' claim for arrears of rent for the period Ashar 1342 B. S. to As win 1345 B. S. or any portion thereof is barred by limitation. The original lease for the property in suit which consists of land with a pucca structure thereon was taken by one Daud Musaji Asmal from the present plaintiffs at a rental of Rs. 180 per year, payable in four equal quarterly kists. Daud Musaji having been declared an insolvent on 24-4-1933, his interest vested in the Official Assignee. This interest was thereafter on 13-3-1937 assigned by a registered deed in favour of the present defendant. The suit was instituted on 14-7-1941.

(2.) The two main contentions of the defendant were that the suit was barred by limitation and that in any case, he was not liable for rent beyond the date of his purchase which was on 13-3-1937.

(3.) On the question of limitation, the defendant's case was that Art. 110, Limitation Act, was applicable so that the claim for the entire amount except the last kist would be barred.