KSHITISH CHANDRA GOSWAMI Vs. SURENDRA NATH MANDAD

JUDGEMENT

(1.) This batch of eight appeals arise out of as many suits brought by the Plaintiffs, Appellants, for assessment of fair and equitable rent on the footing that the holdings in question are all rent-paying. The defence was that they were niskar. The trial court decreed the Plaintiffs' suits and assessed the rent at a figure lower than actually claimed. Some.

(2.) Appeals from Appellate Decrees, Nos. 236 to 243 of 1950, against the decrees of D.N. Chakladar, Additional Subordinate Judge, First Class, Midnapore, dated Sept. 9, 1949, affirming (No. 236) and reversing (Nos. 237 to 243) the decrees of Bimal Chandra Das Gupta, Munsif, Ghatal, dated May 10, 1948. of the co-sharer landlords were originally impleaded as Defendants. They were subsequently transposed as co-Plaintiffs. As between the Plaintiffs and the co-Plaintiffs, they represented the entire sixteen annas interest as proprietors of the estate.

(3.) The Defendants tenants preferred appeals before the lower appellate court, against the decision holding the tenancies to be included within the mal assets of the estate. In some of these cases, the Plaintiffs also preferred appeals claiming a rate of rent higher than that assessed by the court. The learned Subordinate Judge set aside the judgments of the trial court and remitted cases for retrial according to law with a direction that the parties should be given opportunities to adduce further evidence, if that be found necessary. The Defendants would also be allowed to prove certain kobalas, which had not been marked as exhibits by the trial court. There was a further direction for the holding of a local investigation for relaying the lands referred to in the kobalas produced in the cases.