PULIN BEHARY DE Vs. SATYA CHARAN DE

JUDGEMENT

(1.) This appeal and the connected Rule are directed against an order made by the Subordinate Judge of Alipore in the course of a partition suit. The suit in question was brought by one Satya Charan Dey, the younger son of one Rakhal Chandra Day, against his elder brother of the half blood, Pulin Bahary Dey, for the partition of the family immoved able and moveable properties. The immoveable properties included the family residential house, being premises No. 30, Beniapukur Road.

(2.) On the 16th December 1918 a Receiver to the estate under partition was appointed and thereafter, on the 18th March 1919, the plaintiff Satya Charan Day represented to the Court that owing to the conduct of his elder brother the defendant No. 1, be had been compelled to leave the residential house of which, therefore, the plaintiff remained in sole occupation. He, therefore, applied that the defendant No. 1 should be required to pay, in respect of his occupation of this house, a fair rent, which he put at the sum of Rs. 150. On the 7th April after hearing the Pleaders on both sides, the Court assessed the rent at Rs. 100 monthly and directed the Receiver to realize this sum from the defendant No. 1 month by month. It is against this order that the appeal and the Bale were directed.

(3.) A preliminary objection to the appeal is taken on the ground that no appeal lies: This, however, is a matter of small importance, as, if we think it right to interfere, we can do so in the Rule which has been issued as an alternative to the appeal.