RAJA PEARY MOHAN MUKHERJEE Vs. ARUNODOY GHOSE

JUDGEMENT

(1.) The plaintiff in the suit cut of which this appeal arises sought to recover possession of 6/7th share of a certain holding, which was sold in execution of a decree for arrears of rent obtained by the landlord defendant No. 1, Raja Peary Mohan Mukherjee, against the recorded tenant and was purchased by the defendant No. 1 on the 12th June 1802.

(2.) The suit was directed against the defendant No. 1 as the principal defendant and certain other persons defendants Nos. 2 to 32, who are described as pro forma defendant. It was alleged that the defendant No, 1 bad dispossessed the plaintiff at the time of obtaining symbolical possession. The suit was dismissed by the Court of first instance. On appeal that decision was reversed by the lower Appellate Court, and the defendant No. 1 appeals to this Court.

(3.) The case was referred to a Full Bench by Fletcher and Walmsley, JJ. The question before the Full Bench was whether the special rule of limitation contained in Article 3 of Schedule III to the Bengal Tenancy Act was applicable to a case where the dispossession was effected by the landlord as auction-purchaser of a holding and not as a landlord acting as such.