JAGADINDRA NATH (SIC) Vs. CHANDRA NATH POD(SIC)

JUDGEMENT

(1.) The suit, out of which this appeal arises, was brought to recover the sum of Rs. 10,000 with costs and interest from Shasti Charan Chakravarti (defendant No. 1) as ijaradar, and from Chandra Nath Tai Poddar (defendant No. 2), as his surety, on account of arrears of rent due on a temporary ijara, settlement of the sunkar and bankar (grass and forest produce), &c., of certain ghats included in Gar Jayenshahy, &c., perganah Jayenshahy, and perganah Pukharia, in the district of Mymensingh. The ijara lease bears date the 16 Bhadra 1301, and is for a term of four years, 1301 to 1304 B.S. at a yearly rental of Rs. 14,597. The suit was brought for the balance of rents outstanding after termination of the lease with interest. On the 20 Bhadra 1301, Madan Mohan Tai Poddar executed a bond in the sum of Rs. 5,000 as surety on behalf of the ijaradar for the, due fulfillment the covenants in the lease. Madan Mohan died in 1303, leaving as heirs his daughters. After his death the husband of one of the daughters went to the plaintiff and asked to be discharged from the surety bond, and that the plaintiff would take some other surety. Thereupon, the plaintiff called on the defendant No. 1, the ijaradar, to furnish a fresh surety, and at the request of defendant No. 1 the defendant No. 2, Chandra Nath Tai Poddar executed in favour of the plaintiff on the 17 Kartio 1303 a surety bond in the sum of Rs. 5,000 for the due fulfilment by defended No. 1 of the covenants ill the lease.

(2.) The suit was brought by the plaintiff against defendants Nos. 1 and 2 on the ijara lease of the 16 Bhadra 1301, and on the surety bond of the 17 Kartic 1303. Both of these are registered documents.

(3.) The suit was not contested by defendant No. 1. Defendant No. 2, however disputed his liability and pleaded that the surety bond executed by him was inoperative for want of consideration; and apparently that if any one was liable as surety on behalf of defendant No. 1, it was the heirs of Madan Mohan Tai Poddar under the surety bond first executed on the 20 Bhadra 1301.