NAGENDRA LAL CHOWDHURY Vs. SRIMATI RAJA BIBI

JUDGEMENT

(1.) The plaintiffs-respondents hold certain permanent taluqs under the defendants-appellants who are the zemindars. The plaintiffs alleged that they hold the taluks on payment of certain money rents to the defendants; but that the latter took proceedings under Regulation VIII of 1819 in two successive years for realisation of the value of certain paddy rents which they said were payable of the taluks, and the plaintiffs in order to save their tenures from sale deposited the amount which the defendants claimed as the rents payable. The plaintiffs accordingly sued for a declaration that the taluks bear money rents as stated in the plaints, and not paddy rents, and for refund of the amount realised from them in excess of the proper rent under the proceedings under Regulation VIII of 1819.

(2.) Both the Courts below have decreed the suits, and the defendants have appealed to this Court, and the only question raised in these appeals is whether the suits are barred by limitation.

(3.) It is contended on behalf of the appellants that the suits are barred by the special limitation prescribed by Section 75 of the Bengal Tenancy Act and by Articles 14, 91, 92 and 93 of the general Limitation Act.