BASANTA KUMARI CHAUDHUBANIEXECUTRICES OF THE WLLL OF LATE SASI BHUSAN CHAUDHURI Vs. KRISHNA NALINI DASSYA AND, ON HERE DEATH, BANGESWAR GHOSE

JUDGEMENT

(1.) This appeal arises out of a suit for arrears of rent. The plaintiffs sue as patnidars of a debutter mahal dedicated to a deity spoken of as Kali Doyamoyi. It appears that the predecessors of the plaintiffs obtained this patni from one Manik, the shebait of the idol, sometime in the year 1885. In 1889 the patni was sold for arrears and bought in by Manik, who next transferred it in the year 1890 to one Panchuram whose son Soshi Bhusan sold to the plaintiff.

(2.) In this suit we are concerned with four holdings bearing, annual rentals of Rs. 6, Rs. 12, Rs. 4 and Rs. 19.9.101/2. respectively.

(3.) In a suit brought in 1902 in respect of these same holdings Soshi Bhusan obtained a decree against the predecessor of the present defendant but a second suit brought in 1904 was dismissed on the ground that the patni had merged in the superior interest on the purchase by Manik in 1889 and that the conveyance of the patns to Panahuram conferred no title upon him. The plaintiffs had the defeat in their title remedied, with retrospective effect and now bring the present suit.