PROFULLA CHANDRA GHOSE Vs. BABURAM MANDAL

JUDGEMENT

(1.) This appeal arises out of a suit by one of the heirs of a deceased tenant to recover his share of (he holding, which was sold in execution of a decree for arrears of rent obtained by two co-sharer landlords and purchased by the latter.

(2.) The plaintiff was not made a party to the suit for rent, and he brought the suit, on the ground that he was not bound by the decree for rent and that the decree did not affect his interest, specially as the suit was not framed under Section 148A of the Bengal Tenancy Act.

(3.) The defense was that the suit was barred by the special limitation of two years under Art. 3, Schedule III of the Bengal Tenancy Act, that the decree was one under Section 148 A and that the sale held thereunder passed the entire holding.