SHAFIUR RAHMAN, J.---The plot in dispute was transferred to the plaintiff/petitioner vide P.T.D.
Dated 2-4-1962. By an amended plaint in a suit instituted on 30-9-1970 the petitioner sought possession of the property from defendant/respondent. All the three Courts dismissed the suit of the petitioner "on the ground that it was barred by time.
2. In seeking leave to appeal the learned counsel for the appellant contended that whatever be taken as the date of the possession of the respondent, the suit was within time. If the possession be taken to be 30 to 40 years old, as the three Courts have held, then under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, statutory relationship of landlord and tenant was automatically established between the transferee and the occupant on transfer of property in 1962. If the occupant repudiated the statutory title of the landlord, then the suit for possession had to be decreed. If the occupant came into possession after the transfer in 1962, then the suit instituted in 1970 was well within time.
Leave to appeal is granted to examine this aspect of the case. Security in the sum of Rs.5,000.