Abdul Kadir and another vs Hamdu Miah

The Plaintiff in this case obtained settlement of a certain land from the Collector. On the application to the Commissioner this was set aside and the land was settled with Defendant No. 2, one of the Appellants before us. The Plaintiff instituted this suit in order to have it declared that he was entitled to the settlement of the land as an accretion to his jote in the lower Court be was successful and the judgment of the Munsif was, on appeal, affirmed by the Subordinate Judge. This judgment now comes before us only on one point, namely, (sic) her the Plaintiff''s suit was or was Lot barred by limitation, It is alleged by the Appellants, that this action comes under Art. 14 of the Second Schedule of the Limitation Act. Both parties, however, have treated the land as khas mehal of the Government, and it is plain that we must take the Commissioner''s order as being made under Beg. IX of 1825 and that it has nothing at all to do with Keg. XI as far as limitation is concerned. Under these circumstances the article under which the case falls is Art. 45 and consequently this suit is brought in time and the appeal must be dismissed with costs.