BARADA KINKAR CHOWDHURY Vs. NABIN CHANDRA DATTA

JUDGEMENT

(1.) The question for determination in this second appeal is whether the application, dated the 27 March, 1908, for the execution of the decree, bearing date the 30 June, 1903, is barred by the Rule of three years prescribed by Art. 179 (4) of the second Schedule of the Limitation Act, XV of 1877.

(2.) The lower Courts have differed as to the construction of the Article, and the arguments before us have been directed to a variety of reported cases some only of which we think it necessary to mention.

(3.) The facts are that the decree was one for possession of land against one set of defendants, for possession through tenants against another set, and for costs, and mesne profits, against all the defendants.