LAL MOHAN GHOSH Vs. RAMANATH SHAHA AND OTHERS

JUDGEMENT

(1.) THIS second appeal and second appeal No. 31 of 1952 are connected and arise under the following circumstances:

(2.) LAL Mohan Ghosh appellant in the present appeal was appointed Ijaradar (monopoly holder) in respect of salt in Sadar under the orders of the Government through the Patta dated 15th Aswin 1358 T. E. and enforced from 26th Chait 1357 T.E. (corresponding to 30 -3 -48 A.D.) for a period of 3 years from 26 -12 -1357 T.E. and he had to pay Rs. 14,000/ - per year as premium. Ramanath Shaha and Purna Chandra Pal (father of Aswini Pal and Surendra Chandra Pal respondents Nos. 2 and 3 and husband of respondent No. 4) were appointed as the sub -agents of the appellant within the area of Ranir bazar and they paid Rs. 4,500/ - as premium for the period of one year i.e. 1358 T.E.

(3.) LAL Mohan Ghosh has now brought the present second appeal No. 30 of 1952 against Ramanath Shaha and others being granted a decree for recovery of Rs. 1,300/ - the premium for the unexpired term of the sub -lease and the connected second appeal No. 31 of 1952 against the order of the learned District Judge dismissing his suit No. 42 of 1950 in Civil Erst appeal No. 58 of 1951. As both these appeals are connected they have been heard together at the request of the Learned Counsel of the parties.