BADRI NARAYAN SINGH Vs. GANGA SINGH

JUDGEMENT

(1.) These are two applications in civil revision against a decision of the District Judge of Monghyr summarily dismissing appeals out of suits in which the facts in so far as the point which I have to determine were precisely similar.

(2.) The suits were instituted to recover arrears of bhaoli rent in respect of the years 1340 and 1341 Fasli and the suits were instituted in the month of September 193%. No question arises as to the correctness of the decision of the Munsif as affirmed by the dismissal of the appeal by the District Judge that the decree of the bhaoli rent claimed in respect of the year 1311 is entirely correct. In respect, however of the year 1343, the Munsif had decided that by reason of the period of limitation instituted by Schedule III, Bihar Tenancy Act as amended by the Amending Act of 1934, Para. 2(b)(ii), the claim in respect of the year 1340 was barred, the suit having been begun more than one year from the last day of the agricultural year in which the arrear fell due. The last day of the agricultural year 1340 was in September 1933. Therefore if the Munsif were right, the last day for bringing the suit fell in September 1934.

(3.) The Bihar Tenancy Act was published on November 14, 1934, and on June 4, 1935, a Notification appeared in the Bihar and Orissa Gazette, stating that the Act would be enforced as and from June 10, 1935. By the time the Act was published and certainly by the time it came into force--the last day of limitation as prescribed by the Amended Act had already expired and therefore if the view correct that the limitation set forth in the Act was to be applied in this particular suit, the effect of the Act would have been to destroy the vested right of action in respect of the year 1340 which was possessed by the plaintiff up to the time of the Act.