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Raja Shashi Shekhareswar Roy Bahadur Vs. Nanda Lal Mandal - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in33Ind.Cas.110
AppellantRaja Shashi Shekhareswar Roy Bahadur
RespondentNanda Lal Mandal
Cases ReferredKrishna Lal v. Salim Mahomed
Excerpt:
bengal tenancy act (viii) of 1885), schedule iii, article. 2, clause (b), applicability of - jalkar, suit for rent of--limitation. - .....by the rule of limitation (of three years) prescribed by article 2 of the third schedule of the bengal tenancy act. section 193 of the bengal tenancy act provides that the provisions of the 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 (among other things) rights over fisheries! the lease in the present case was merely 'in respect of a right of fishery. the provisions of the act applicable to suits, therefore, apply to the suit. section 184 of the act provides that the suits specified in schedule iii shall be instituted within the time prescribed in that schedule. the limitation prescribed in schedule iii, article 2, clause (b) is, therefore, applicable to the suit......
Judgment:

1. The only question in this appeal is whether a suit for rent of a jalkar is governed by the rule of limitation (of three years) prescribed by Article 2 of the Third Schedule of the Bengal Tenancy Act. Section 193 of the Bengal Tenancy Act provides that the provisions of the 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 (among other things) rights over fisheries! The lease in the present case was merely 'in respect of a right of fishery. The provisions of the Act applicable to suits, therefore, apply to the suit. Section 184 of the Act provides that the suits specified in Schedule III shall be instituted within the time prescribed in that Schedule. The limitation prescribed in Schedule III, Article 2, Clause (b) is, therefore, applicable to the suit. The same view was taken in the case of Krishna Lal v. Salim Mahomed 27 Ind. Cas. 614 : 19 C.W.N. 514.

2. The appeal accordingly fails and is dismissed with costs.


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