RAJANI NATH PRAMANIK Vs. MANARAM MANDAL

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of the plaintiff s Karsha right to the lands in dispute, and also for a declaration that an entry in the Record of Rights with respect to the holding is in-correct. The plaintiff also prayed for confirmation of his possession of the lands.

(2.) The Record of Rights was finally published on the 16th December 1907 and the suit was brought on the 6th January 1914, i. e., more than 6 years from the date of the final publication of the Record of Rights The cause of action was stated in the plaint to have arisen on the 6th January 1908, the date of the certificate of final publication of the Record.

(3.) Article 120 of the Limitation Act applies to a suit for a declaration that an entry in the Record of Rights is incorrect, and the period of six years is to be computed from the date when the cause of action arose. It is contended that the cause of action arose on 6th January, the date of signing of the certificate of the final publication. Now Section 103A of the Bengal Tenancy Act lays down that "the Revenue Officer shall finally frame the Record and shall cause it to be finally published in the prescribed manner, and the publication shall be conclusive evidence that the Record has been duly made under this Chapter. " Section 103B provides that a "certificate signed by the Revenue Officer stating that a Record of Rights has been finally published under this Chapter shall be conclusive evidence of such publication and every entry in a Record of Rights so published shall be presumed to be correct until the contrary is proved."