NANI LAL MANDAL Vs. PRIYA NATH ROY

JUDGEMENT

(1.) In this case the question is whether the claim by the plaintiff must be deemed to be subject to the special rule of limitation laid down by the Bengal Tenancy Act. That rule of limitation gives three years only for the bringing of the plaintiff's claim. Now the claim is in respect of rent of a jalkar. But the question before us depends to some extent on whether that description is adequate and sufficient and we have to turn in this case to the language of the memorandum of agreement between the parties. That agreement is an agreement in writing dated 4 January 1918, and according to the English translation be-fore us it is called a memorandum of agreement for lease for a term of three years in respect of the right to fishery over two pieces of bheri land. The first of these two pieces of bheri land is described as Gobardanga bheri surrounded on all sides by embankment. The second piece of Bheri land is described as Santiram Nashkar bheri land surrounded on all sides by embankment. The document goes on to describe the two pieces of land as bheri jami jalkar and it recites that these two pieces of bheri land jalkar are in the possession and enjoyment of the grantees under a previous lease. Then it recites that a proposal has been made for granting a lease of the said bheri land jalkar and the terms of the agreement are these: that for the right to fishery over the first bheri Rs. 500 shall be paid in advance as selami and the rent shall be fixed at Rs. 3,000 per annum and that for the right to fishery over the other bheri land Rs. 500 shall be paid in advance as selami and the rent shall be fixed at Rs. 1,500 per annum. In this way the total annual rent of the said two pieces of bheri land jalkar is fixed at Rs. 4,500. It then recites: On the aforesaid understanding we take lease of the said two pieces of bheri land jalkar running from a certain month and having the right of possession over the said two pieces of bheri land jalkar as nij-jote execute this kabuliat. in terms therein described. The document then recites: We shall at our own cost make necessary and regular repairs of the sluices and the embankments surrounding the bheri during the term of the lease and we shall make other necessary expenses. We will be in possession by growing fish and catching them.

(2.) There are various provisions as to the payment of rent. The grantees further covenant in these terms: We shall keep intact the boundary and shall make regular repairs of the embankment on all sides to keep them as strong and durable as they were previous to our taking the lease.

(3.) Now we have to consider whether the provisions of Section 193, Ben. Ten. Act, are applicable to the claim by the plaintiff for rent contracted for in this agreement. The language of the Act we have to deal with is this; The provisions of this Act applicable to suits for the recovery of arrears of rent shall, as far as may be, apply to suits for the recovery of anything payable or deliverable in respect of any rights of pasturage, forest rights, rights over fisheries and the like.