BEJOY CHAND MAHTAP Vs. SATISH CHANDRA CHOWDHURY

JUDGEMENT

(1.) The plaintiff-appellant sued the defendant-respondent for arrears of rent in respect of a mokurari for the years 1311 to 1314. He brought a previous suit for rents for the portion of the period covered by the present suit. That suit was dismissed on the 30th October 1906.

(2.) The defence in the present case was that the previous suit having been dismissed, the present suit could not be maintained.

(3.) The Court of first instance, holding that the previous suit was dismissed under Section 158, Civil Procedure Code, gave a decree only for the period subsequent to that covered by the previous suit and that decree has been confirmed on appeal by the learned District Judge.