SHEIKH ABDUL AHAD Vs. HARIKISHUN

JUDGEMENT

(1.) This is an appeal by the plaintiffs who brought a suit for recovery of bhaoli rent for 1341 and 1342 Fasli, in respect of 2 kathas 14 dhurs of land comprised in survey plot No. 3563 in village Aranda, or in the alternative, for assessment of fair and equitable rent. Admittedly defendants 1 to 3, the tenants, had formerly their house on the disputed plot, but their house fell down after which they planted trees on the land.

(2.) In the revision survey the plot was recorded as bhaoli in the khanapuri, but on an objection filed by defendants 1 to 3 under Section 103, Ben. Ten. Act, the bhaoli entry was struck off by an order of the assistant settlement officer dated 14 June 1918. The plaintiffs case is that in spite of this order there was a mutual arrangement between the parties under which the defendants were dividing the produce with the plain, tiffs till 1341.

(3.) In 1935, the plaintiffs brought a suit for bhaoli rent, but in that suit defendants 1 to 3 denied the bhaoli character of the land. So the plaintiffs brought the present suit. The defendants pleaded that the land was their belagan bihbasgit and was not liable to pay rent. The learned Munsif held that the land was belagan, but liable to assessment of rent. He accordingly fixed an annual rental of Rs. 1-2-0 per katha as against Rs. 3 per katha claimed by the plaintiffs. On appeal by the defendants, the learned subordinate Judge dismissed the suit holding that the plaintiffs right to realise any rent was barred by limitation. Hence this second appeal by the plaintiffs. The view taken by the learned subordinate Judge is that during the revisional survey operations the defendants had repudiated the plaintiffs right to recover any rent, and the order of the assistant settlement officer upholding the defendants objection being dated 14 June 1918, the present suit which was brought on 29 June 1936 was barred by limitation under Art. 131, Limitation Act. That article provides that the period of limitation for a suit to establish a periodically recurring right is 12 years from the date "when the plaintiff is first refused the enjoyment of the right".