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Raj Kishore Mozumdar and ors. Vs. Chunder Kishore Dey Alias Mukhori Dey - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal450
AppellantRaj Kishore Mozumdar and ors.
RespondentChunder Kishore Dey Alias Mukhori Dey
Excerpt:
bengal tenancy act (viii of 1885), section 184, and schedule iii, part i, article 3--occupancy raiyat--suit--limitation. - .....of the law taken by the lower court is correct. section 184 of the bengal tenancy act says that the suits, appeals and applications specified in schedule iii annexed to the act shall be instituted and made within the times prescribed in that schedule; and then schedule iii, article 3, mentions suits 'to recover possession of land claimed by the plaintiff as an occupancy raiyat,' and gives two years as the time of limitation. these words occurring in a tenancy act, the object of which is stated to be to amend and consolidate certain enactments relating to the law of landlord and tenant, naturally mean a suit by an occupancy raiyat as such, that is, an occupancy raiyat claiming a right of occupancy as against his landlord.2. the result is that the appeal must be dismissed with costs.
Judgment:

1. We think that the view of the law taken by the lower Court is correct. Section 184 of the Bengal Tenancy Act says that the suits, appeals and applications specified in Schedule III annexed to the Act shall be instituted and made within the times prescribed in that schedule; and then Schedule III, Article 3, mentions suits 'to recover possession of land claimed by the plaintiff as an occupancy raiyat,' and gives two years as the time of limitation. These words occurring in a Tenancy Act, the object of which is stated to be to amend and consolidate certain enactments relating to the law of Landlord and Tenant, naturally mean a suit by an occupancy raiyat as such, that is, an occupancy raiyat claiming a right of occupancy as against his landlord.

2. The result is that the appeal must be dismissed with costs.


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