ROY JATINDRA NATH CHOWDHRI Vs. PRASANNA KUMAR BANNERJI

JUDGEMENT

(1.) This litigation, which is the outcome of five different suits, has lasted for the period of fifteen years. It is not necessary to explain its origin or to trace its course which has certainly been leisurely and somewhat devious. Nothing now remains to be determined but a question of general importance:-

(2.) Does the Bengal Tenancy Act, 1885, prohibit one or some of two or more joint landlords from suing to enhance the rent unless both or all of the "fractional landlords," as they are sometimes called, join in the suit as co-plaintiffs ?

(3.) Section 188 declares that "where two or more persons are joint landlords, anything which the landlord is under this Act required or authorised to do must be done ... by both or all those persons acting together. ."