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Maharaja Birendra Kisore Manikya Bahadur Vs. Giris Chandra Nag Banikya and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in30Ind.Cas.949
AppellantMaharaja Birendra Kisore Manikya Bahadur
RespondentGiris Chandra Nag Banikya and ors.
Excerpt:
possession, suit for, based on trespass alone - alternative relief for assessment of rent--bengal tenancy act (viii of 1885), section 157 bearing of, on question of limitation. - 1. it was conceded at the outset by mr. sinha in this case that if this suit was to be treated as one based on trespass then it must fail, as it would clearly be barred. we have read through the plaint, written statements, and issues in this case, and it seems to me to be clear that the suit was based on trespass and on trespass only. the mere fact that there was an alternative claim for rent does not disturb that view, because that claim was based on section 157 of the bengal tenancy act: on the contrary, this, if anything, goes to confirm the view that the suit was one of trespass.2. in this view, we must confirm the decree with costs.
Judgment:

1. It was conceded at the outset by Mr. Sinha in this case that if this suit was to be treated as one based on trespass then it must fail, as it would clearly be barred. We have read through the plaint, written statements, and issues in this case, and it seems to me to be clear that the suit was based on trespass and on trespass only. The mere fact that there was an alternative claim for rent does not disturb that view, because that claim was based on Section 157 of the Bengal Tenancy Act: on the contrary, this, if anything, goes to confirm the view that the suit was one of trespass.

2. In this view, we must confirm the decree with costs.


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