ANNANDA PERSHAD PANJA Vs. PRASANNAMOYI DASI

JUDGEMENT

(1.) This is an appeal by the defendants from a decision of the High Court of Bengal affirming the decision of the District Judge passed on remand, which had affirmed the decision of the Subordinate Judge. The plaintiff's claim was to recover possession of certain land from the defendants, together with mesne profits. The facts were complicated and several difficult questions of fact and law arose for decision, but the only question raised before their lordships on this appeal is whether Art. 95 of the Indian Limitation Act, 1877, is a bar to the plaintiff's claim.

(2.) The land in question is known as as Mehal Arjunbani and is a patni tenure which was once held by a lady named Damayanti Debi; she died leaving six daughters, of whom five, acting as executors of their mother's will, of which they had obtained probate, granted a darpatni, or under-lease, to one Jogendra Nath on 25 May, 1885.

(3.) On the 8 February 1891 the five daughters (the sixth was then dead) sold their patni or superior rights to Raghu Nath Panja, under whom the defendants (the appellants) claim.