KRISHNA PROSAD ROY Vs. BIPIN BEHARY ROY

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff to recover possession of certain lands in which he said he had purchased a taluki right from Adhar Chandra Shaha on 19th Baisakh 1296, and from which he had been dispossessed by defendant No. 4 under a decree obtained under Section 9 of the Specific Relief Act on the 28 June 1899.

(2.) In 1891, Parmeshwari Chowdhrani, predecessor in interest of defendants 1 and 2, obtained a decree for arrears of rent in respect of the lands in suit, and attached them in execution of the decree. Thereupon the plaintiff put in a claim under Section 278, Code of Civil Procedure, which, however, was disallowed on the 14 January 1891. The plaintiff then paid up the money due under the decree, and the attachment was withdrawn. Subsequently, however, the lands were again attached for arrears of rent and sold, and they were purchased by the decree-holder, and according to the defence settled with defendant No. 4.

(3.) The only plea taken in the Court of first instance, which it is necessary to consider for the purposes of this appeal, is that the suit was barred by limitation under Art. 11, Schedule II, of the Limitation Act, by reason of the, foot that the-plaintiff had failed to, bring, his suit, within one year from; the 14 January 1891, the date on which his claim preferred under Section 278, Civil Procedure Code, was, disallowed, under Section 281, Civil Procedure Code.