PARESH NATH PAL CHOUDHURY Vs. ISMAIL SORDAR

JUDGEMENT

(1.) The question involved in the appeal is whether the application for execution of a decree is barred by limitation.

(2.) The decree was one for rent and the amount for which it was passed was less than RS. 500. It was dated the 27 January 1916. The present application for execution was made on the 28 March 1919, i.e., more than three years from the date of the decree. The decree holder, however, relied upon certain acknowledgments of liability within three years of the date of the decree, and the Court of first instance held that such acknowledgments saved limitation.

(3.) On appeal the learned District Judge held that Section 19 of the Limitation Act was inapplicable to the case, as it was a decree for rent which is governed by the special limitation prescribed by Art. 6, Schedule III of the Bengal Tenancy Act.