MEAJAN MONDAL Vs. JOGENDRA NATH DE

JUDGEMENT

(1.) This appeal arises out of a suit for the recovery of arrears of rent. Defendant No. 1 is the appellant. His substantial defences in the Courts below were, first, that he had been dispossessed from a part of his holding, namely, plot No. 3 in the kabuliyat which evidences the creation of the tenancy, secondly, that be had never been put into possession of another plot, tamely, plot No. 7, and thirdly, that the suit was defective by reason of non-joinder of some of the tenants as defendants in the suit.

(2.) As regard plot No. 3 the finding of fact is that there has been no dispossession of the tenant defendants from that portion of plot No. 3 leaded out to them.

(3.) With regard to plot No. 7, the finding similarly is that no part of plot No. 7 was ever included in the holding.