RAMENDRA KUMAR Vs. BRAJAMOHAN

JUDGEMENT

(1.) This is an appeal by the decree-holders from an appellate order dismissing their application for execution of a rent decree. The amount of the decree including the cost of execution, does not exceed Rs. 500. It was passed on 9 June 1931. After some previous executions the present application for execution was filed on 7 December 1937. Prima facie, therefore, it was time-barred, being filed more than three years from the date of the decree. The decree-holders relied on certain payments and acknowledgments. The learned Munsif held that the payments and acknowledgments saved limitation. He accordingly ordered the execution to proceed. On appeal, however, the learned District Judge held that the provisions of Secs.19 and 20, Limitation Act, were not applicable to the case, and therefore, he allowed the appeal and dismissed the execution case.

(2.) Hence, this appeal by the decree-holders. The decree in question being a rent decree, limitation will be governed by the provisions of the Orissa Tenancy Act. In that Act limitation is dealt with in Chap. 18 which consists of only two sections, namely, Secs.238 and 239. Section 238 (omitting the portion which is not material for our present purpose) runs as follows: (1) The suits, appeals and applications specified in Sob, 3 shall be instituted and made within the time prescribed in that schedule for them respectively; and every such suit or appeal instituted, or application made, after the period of limitation so prescribed, shall be dismissed, although limitation has not been pleaded." Section 239 provides: (1) Secs.6 to 9, Limitation Act, 1908, shall not apply to the suits and applications mentioned in Section 238(2) Subject to the provisions of this Chapter, the provisions of the Limitation Article, 1908, shall apply to all suits, appeals and applications mentioned in Section 238."

(3.) It is not disputed that the present application for execution will be governed by Art. 8, in Schedule 3 of the Act. That Art. is in these words: