JAGAT CHANDRA MAJUMDAR Vs. MUNSEF ALI SARKAR

JUDGEMENT

(1.) This Rule is directed against an order of the Sub-Judge, dated the 25th April 1911, amending his decree, and the appeal is directed against the decree prepared in accordance with that amendment.

(2.) The question for determination turns upon Section 66 of the Bengal Tenancy Act.

(3.) The plaintiff obtained a decree for the arreas of rent accrued due in respect of the years 1312 to 1815 inclusive, and the decree, as originally prepared, enabled him to eject the defendant in default of payment of the entire decretal money within fifteen days. The plaintiff executed his decree and took possession; but, subsequently, the defendant asked for the decree to be amended, and it is conceded that, if the amendment, as allowed, holds good there was money in deposit from which the arrear of rent for one year only might have been satisfied; and, if it had been go satisfied, the plaintiff would not have been able to eject the defendant in terms of Section 66 of the Rent Law.