JAGABANDHU BISWAS Vs. SUBIMAL MUKHEEJEE

JUDGEMENT

(1.) This appeal is at the instance of some of the Defendants and is directed against a judgment of Mookerjee J.

(2.) The appeal arises out of a suit for rent and the only question which fell to be decided was whether there has been a valid sub-division of a tenancy of Rs. 45-4-1 pie held by the Appellants and their co-sharers. The tenancy, according to the Appellants, was sub-divided as from the beginning of the year 1350 B.S. and the rents payable by Defendants Nos. 1 and 15 were distributed, a sum of Rs. 6-1 anna being held to be payable by Defendant No. 1 and a sum of Rs. 4-8 as. by Defendant No. 15. The Plaintiffs, however, ignored the sub-division and brought the present suit for rent against all the tenants claiming rent at the old rate of Rs. 45-4-1 pie.

(3.) The Plaintiffs' assertion was that this sub-division under Section 88 of the Bengal Tenancy Act was a nullity because the notice of the application for sub-division was not served according to law on some of the co-sharer tenants who were minors.