UDAY CHAND MAHATAB Vs. DIBAKAR SEN

JUDGEMENT

(1.) The only question which arises for decision in this appeal is whether in a suit for recovery of arrears of putni rent the provisions of Article110, Limitation Act or those of Article 2 of Schedule III, Bengal Tenancy Act will be attracted.

(2.) The plaintiff filed the suit on the 15th April 1944 for the realisation of arrear putni rent due before the said putni was sold under the Putni Regulation on 1st Jaistha 1348 B. S.

(3.) The defence was that a portion of the claim was barred by limitation as the plaintiff was entitled to claim arrears which had accrued due within three years of the filing of the suit. Both the Courts have disallowed the claim for the period antecedent to the Chaitra Kist of 1347 i. e. mid-April, 1941 holding that this suit is governed by Article110, Limitation Act. Hence this second appeal on behalf of the plaintiff.