BAINADDI MANDAL Vs. KAILASH CHANDRA SARDAR

JUDGEMENT

(1.) The plaintiffs in the suit out of which this second appeal arises, somewhat imarudently perhaps, took a lease purporting to be a mourasil mokarrari lease of an undivided 8-anna share of certain land, comprising a bhadrashan or homestead and a tank with its banks, the rent reserved being Rs. 2 per annum. The area of the whole plot is 10 cottas 12 chattaks.

(2.) The lease is dated the 2 April, 1913. In 1917 the respondents, defendants in the suit, brought a suit for partition to which their co-sharers, the plaintiffs lessors, were made parties. The plaintiffs themselves were not impleaded. In the result the tank was allotted to the respondents; but the portion of the land referred to as the bhadrashan was allotted to the plaintiffs lessors and it is now in exclusive possession of the plaintiffs.

(3.) The Trial Court found that the plaintiffs were never entitled under their lease to an 8-anna share of the whole plot but only to a 4 anna share, and that finding has been confirmed by the lower Appellate Court. No question now arises on that point.