- (1.) This suit was preferred by Munshi Golam Nabi and others to recover from Biswanath Kar and others possession of one anna share of Kismut Niachinpore. The plaintiffs stated that they had purchased this property on the 30th Baisakh 1273; that they had obtained possession of it, but that the defendants had brought a suit against them under section 15, Act XIV of 1859 and under that section and by the decision in that suit they had been dispossessed; and the plaintiffs alleged that their cause of action was their dispossession by the defendants under that decision.
(2.) The defendants alleged that neither the plaintiffs nor the plaintiffs' vendor had been in possession of the estate in dispute at any time within 12 years of the suit, and that the plaintiffs' suit was barred by limitation.
(3.) On the point of limitation the first Court decided that as the plaintiffs were in possession for a few months previous to the decision passed under section 15, Act XIV of 1859, they were in possession for those few months within 12 years of the institution of the suit, and their claim therefore was not barred by limitation.;