UJIR ALI SIRDAR Vs. SHADHAI BEHARA

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for ejectment of the defendants from what, awarding to him, originally constituted a service-tenure.

(2.) The snit was instituted in the first instance against five defendants, the representatives-in- interest of the alleged service-holder, and was decreed in the Court of first instance. Upon appeal to the District Judge, that decree was set aside on the ground that one Macleod, a transferee from the other defendants, should have been joined as a party defendant to the suit. The validity of the order of remand so made by the District Judge was considered by this Court, but the order was affirmed. Thereupon the order made was tarried out and Macleod was added as a defendant on the 6th September 1916. The Subordinate Judge has, after re- trial, held that the claim is unfounded, and that view hag been accepted by the District Judge.

(3.) On appeal to this Court, the decree of the District Judge has been assailed on three grounds; namely, first, that in respect of the parcels of land claimed by Macleod, the District Judge has erroneously held that the suit was barred by limitation; secondly, that in respect of the other parcels of land, the District Judge has misconstrued an admission alleged to have been made by the plaintiff in his deposition; and, thirdly, that in respect of these parcels of land, the District Judge has erroneously relied upon statements in two deeds of gift, which were inadmissible under Section 18A of the Bengal Tenancy Act.