NARESH CHANDRA RAY Vs. DHIRENDRA NATH DEY

JUDGEMENT

(1.) THIS appeal by the defendants arises out of a suit for recovery of arrears of rent in respect of a dar -patni jama, By a subsequent amendment of the plaint, the plaintiff prayed for declaratipn of a charge upon, the defendant's one -sixth share in the superior patni in terms of a, Jaminnaina for securing the payment of the dar -patni rent.

(2.) THE facts which are not in dispute are briefly as follows:

(3.) THE defence inter alia was that the provisions of Section 168 -A, Bengal Tenancy Act, stood in the way of the plaintiff in enforcing the contract entered into between the parties upon the jaminnama.