Raj Kishore Prasad, J.

1. The sole question, for determination on this application in revision, under Sec.25 of the Provincial Small Cause Courts Act, by the plaintiff, is, whether, here, Article 62, or Article 120, of the Limitation Act, 1908 , applies?

2. In order to decide the question of limitation it is necessary to know the material facts: The plaintiff took settlement of some land from the landlord on an annual rental of Rs. 78-12-0. The defendants, later on, purchased the entire interest of the landlord of the plaintiff. The defendants, therefore, filed a rent suit for recovery of rent of the land, which the plaintiff had taken settlement of, not against the plaintiff who was its tenant but against one Bishwanath Upadhya alias Sidhnath Upadhya, who had nothing to do with the rent claimed land.

The suit was decreed and the decree was executed by the defendants against the land of the plaintiff, although he was not a party to the decree under execution. The plaintiff, in order to save his property from sale, deposited the entire decretal amount to the extent of Rs. 290-2-0 in Court in favour of the defendants decree-holder, and, thereafter, instituted a title suit for