RASH BEHARI LAL MANDAL Vs. TILUCKDHARI LAL

JUDGEMENT

(1.) The only question raised in this appeal is whether the period of limitation for a portion of the claim is governed by Article 2 of Schedule III of the Bengal Tenancy Act or Article 116 of the Indian Limitation Act. The suit was brought to recover arrears of rent due under two kabtdiats. The first kabuliat was dated the 23rd of May 1902 and was given in respect of certain properties leased to the defendant for a term of four years (1310-13-3) at a rent of Rs. 1,200, per annum. The second kabuliat was dated the 15th of January 1906 and was given in respect of certain other properties leased to the defendant for a term of eight years (1313- 1320) at a rent of Rs. 438 a year.

(2.) The rent that was in arrears and was sued for was for the year 1313 under the first kabuliat and under the second kabuliat for the years 1313 to 1318. The defendant s estate was taken charge of by the Court of Wards on the llth November 1908, and whilst his estate was under their charge the Collector gave an acknowledgment in writing on the 20th September 1910 with respect to the rent now sued for.

(3.) The only question, therefore, that arises is with reference to the rent due for the year 1313, for if the period of limitation applicable to the present suit is that provided under Article 2 of Schedule III to the Bengal Tenancy Act then when the Collector gave the acknowledgment in writing on the 20th September 1910, the rent for the year 1313 was already barred by limitation. The leases in the present cases are expressed to be mustajiri leases. Although a mustagiri lease is sometimes and perhaps usually a lease to middleman, yet in Behar the term is applied frequently to temporary leases instead of the word thika (see Land Law of Bengal by S.C.Mitra). The two clauses in the lease that are chiefly relied upon are first the words: "I the mustajir shall enjoy the parti land which may be converted into culturable land in the jamabandi of the mouza, which may be increased till the terms of this Settlement." The translation is not a very happy one, but the meaning seems to be that the tenant may either cultivate the waste land or letit out to tenants and enjoy the increased rental.