PARAMESHWAR NOMOSUDSA Vs. KALI MOHUN NOMOSUDBA

JUDGEMENT

(1.) This is an appeal against a decision of the Subordinate. Judge of Mymensingh dated the 21 January 1898.

(2.) The suit was one for recovery of possession of a jote after establishing the plaintiff's right to the same. The plaintiff alleged that the jote belonged to his father, that, after his father's death, he lot it out in burga to one Feda Changa, and that the defendants had forcibly dispossessed his burgadar. The defendant No. 3 alone contested the suit; and he urged that the suit was barred by the two years rule of limitation, and also by the twelve years rule of limitation, and that the plaintiff abandoned the jote on the death of his father.

(3.) The Courts below have held that the plea of abandonment has not been established. But the lower Appellate Court has found that the suit is not barred by the twelve years rule of limitation, and that the two years rule has no application. 3. The defendant No. 3 appeals; and his contention is that the two years rule of limitation, laid down in Art. 3, of schedule III of the Bengal Tenancy Act, does apply as he is a fractional co-sharer landlord. He says that he owns a 2 1/2 karas share in the estate, in which the plaintiff holds the jote, and that, therefore, the plaintiff was bound to sue him within two years from the date of dispossession.