Bejoy Gopal Dey Choudhury vs Gopidas Roy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Cal) 330

Bejoy Gopal Dey Choudhury – Appellant
Versus
Gopidas Roy – Respondent

JUDGMENT

1. This appeal arises out of a suit for assessment of rent in respect of certain lands which have been recorded in the finally published record-of-rights as being in the possession of the Defendants as a niskar tenure appertaining to Touzi No. 11 of the Burdwan Collector-ate held by the Plaintiffs in patni right. The Courts below have dismissed the suit on the ground that it is barred by limitation. Hence this second appeal by the Plaintiffs.

The only point for determination in this appeal is whether the Courts below are right in holding that the suit is barred by limitation. The facts which are relevant to the question of limitation are these:-

In the year 1842, Government instituted a suit for resumption of these lands under sec. 6 of Regulation XIX of 1793, in the Court of Special Deputy Collector, District Burdwan. That suit was dismissed on the ground that the area of the land was only 36 bighas, 2 1/2 cottas and the Government had no right to resume lands, the area of which did not exceed 100 bighas. In 1862, a suit was instituted by the then proprietors of Touzi No, 11 for resumption of these lands on the ground that they formed part of the mal lands of their Touzi and

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