JOGENDRA NATH JANA Vs. BAIDYA NATH DAS

JUDGEMENT

(1.) This appeal by the plaintiffs has arisen out of a suit for a declaration that an entry in the Record-of-Rights, to the effect that the tenants (defendants) are entitled in the event of hajah, or destruction of crops by flood, to a proportionate remission of rent is wrong, and for correction of the same.

(2.) A preliminary objection was taken that the appeal is incompetent on the ground that two of respondents, 11 and 24, have died and that no substitutions have been made. There is no substance in the objection as the suit is a representative suit.

(3.) The short point involve in the appeal, and this is the only point which has been argued before us, is one of limitation. The Courts below have held that the suit was barred by six years limitation under Art. 120, Lim. Act.