BIKRAM KUMAR BOSE Vs. MOHIT KRISHNA KUNDU

JUDGEMENT

(1.) This appeal arises out of a suit for rent of a permanent tenure which was held by the defendants Nos. 1 and 2 under the plaintiff. The defendants Nos. 1 and 2 sold the tenure to the defendant No. 3 on the 4 of Assin 1322. The plaintiff also transferred his interest, i.e., the landlord's interest, to the defendant No. 3 on the 22nd Assin 1322. The plaintiff then brought this present suit for recovery pf rent for 1321 and up to Assin 1322 against the defendants or against such of them as would be found liable. He subsequently withdrew the claim for the period from 5 to 26 Assin 1322 B.S.

(2.) So far as the claim for 1321 was concerned, there was a decree against the defendants Nos, 1 and 2. There was no appeal so far as that period was concerned. For the year 1322, the Court of first instance gave a decree to the plaintiff for rent up to 4 Assin against defendants Nos. 1 and 2, and dismissed the claim as against defendant No. 3. The defendants Nos. 1 and 2 appealed and although the plaintiff and the defendant No, 3 were respondents to the appeal, the appellants applied to have the name of defendant No. 3 struck out. That, however, was not done. The lower Appellate Court was of opinion that the liability for the rent was with the defendant No. 3 and that the defendants Nos. 1 and 2 were not liable for the rent, and as no cross objection had been filed against defendant No. 3, it held that no decree could be pasted as against her.

(3.) The plaintiffs have appealed to this Court.