SONATAN SHEIKH Vs. CHAKU SHEIKH

JUDGEMENT

(1.) After hearing the learned Vakils on both sides I am of opinion that the appeal must be decreed.

(2.) The only question raised before the lower appellate Court was one of limitation, the question being whether 2 years special limitation as provided by the Bengal Tenancy Act applied or whether the ordinary limitation of 12 years.

(3.) The Court of the first instance held that the 12 years limitation applied. The lower appellate Court on the contrary held that it was governed by the two years limitation.