HARAN CHANDRA BARAI Vs. HARI CHARAN BARAI

JUDGEMENT

(1.) This is an appeal, under Clause 15 of the Letters Patent, from the judgment of Mr. Justine Newbould in a suit for recovery of possession of land on declaration of title.

(2.) The plaintiffs claimed to recover possession of the disputed land, on the allegation that they were in possession as occupancy raiyats and wrongfully dispossessed by the defendants. The defendants denied the title of the plaintiffs and alleged that the land was in the occupation of the landlord, who settled it with them. They also pleaded that the suit was barred under Article 3 of the Third Schedule to the Bengal Tenancy Act. The Court of first instance dismissed the suit as barred by limitation.

(3.) Upon appeal the Subordinate Judge held that the alleged title of the plaintiffs had been established and that the special rule of limitation was not applicable, inasmuch as the dispossession was not by the landlord. On second appeal to this Court, Mr. Justice Newbould has reversed that decision and has restored the decree of the primary Court. He has held that as the defendants had obtained a settlement from the landlord, the dispossession must be taken to be an act of the landlord, and that, in this view, the special rule of limitation is applicable, We are of opinion that this conclusion cannot possibly be supported.