JUDGMENT

Jenkins C.J., Stephen Woodroffe, Holmwood and D. Chatterjee, JJ. - Owing to a difference of opinion, a point of law has been stated by Mr. Justice Fletcher and Mr. Justice N.R. Chatterjea u/s 98 of the Civil Procedure Code, and the appeal has accordingly been heard upon that point only by five of the other Judges of the Court. The point of law stated is whether the decision of the majority in the case of Manjhoori Bibi v. Akel Mahumed 17 C.W.N. 889 has been affected by the judgment of the Privy Council in the case of Soni Ram v. Kanhaiya Lal ( ILR 1913) All. 227 L.R. 40 IndAp 74. The actual decision of the majority in Manjhoori Bibi's Case 17 C.W.N. 889. was that the special rule of limitation extended to under-raiyats by the amendment in 1908 of the 3rd Article in the 3rd Schedule of the Bengal Tenancy Act did not apply, where the dispossession was in 1898 and the suit for recovery of possession was instituted on the 25th of August, 1908.

2. The judgment of the Privy Council in Soni Ram v. Kanhaiya Lal ) I.L.R.(1913 All. 227 L.R. 40 IndAp 74 was concerned not with the special law of limitation, but with the general law as enacted in Act XIV of 1859 and Act XV of 1877. The s