DURGAPADA PANJA Vs. BHUSAN CHANDRA GHOSE

JUDGEMENT

(1.) In this case the plaintiff sued to recover possession of 1 bigha 6 cottahs of land as appertaining to his holding bearing a yearly rent of Rs. 54 8-0.

(2.) It appears that the landlord sued the present plaintiffs and others for arrears of rent in respect of another holding with a rent of Rs. 9 odd. In that suit in the description of the holding the landlord included the plot now in question. In the result the suit was dismissed as against the present plaintiffs and decreed ex parte against other defendants. In execution of the decree the landlord put the holding to sale and the auction-purchaser has taken possession of the holding and of the plot now in suit, which was described in the sale proceedings as part thereof Delivery of possession by the Court was in Chait 1315 and the present suit for recovery of possession was brought by the plaintiff on the 18th of January 1913/1319.

(3.) On these facts the Court of first instance, relying on the case of Aminuddin Munshi v. Ulfutunnissa Bibi 3 Ind. Cas. 315 ; 13 C.W.N. 108 ; 9 C.L.J. 131, held that the plaintiff s suit was barred by the two years rule of limitation contained in Article 3 of Schedule III to the Bengal Tenancy Act.