RAJANI KANTA BISWAS Vs. PANCHANON MONDAL

JUDGEMENT

(1.) This is an appeal by the plaintiffs against a decision of the Subordinate Judge of Nadia reversing a decision of the Munsif, Second Court of Kushtia. The plaintiffs sued to recover possession of mourasi mokarrari lands alleging that they belonged to one Mohan Pramanik and that on his death it devolved on his widow Bama Sundari, and that upon her death in 1913 the plaintiffs, as reversionary heirs of Mohan, were entitled to the properties.

(2.) Defendants, on the other hand, contended that they had purchased the lands from Bama Sundari for legal necessity and they further asserted that they were cosharer landlords and that two years period of limitation provided by Art. 3 of Sch. III to the Bengal Tenancy Act applied, and that the suit was, therefore, barred by limitation.

(3.) The Munsif decided the suit in favour of the plaintiffs. He held that there was no necessity for the sale by Bama Sundari and that no question of limitation arose as there was no dispossession by the landlords. The learned Judge in the Court below has, as I already stated, reversed the decision of the Munsif, and he has done so on the ground that the suit is barred by the special Law of Limitation provided by Art. 3 of Sch. III of the Bengal Tenancy Act. He has not gone into the merits of the appeal and has simply decreed the appeal on this ground.