ASKORAN SATIA Vs. SATISH CHANDRA BHATTACHARYA

JUDGEMENT

(1.) This appeal is directed against a decree by which a Special judge has dismissed a suit under Section 105 of the Bengal Tenancy Act on the ground that the plaintiff was notcompetent in view of the provisions of Section 188 of maintaining a proceeding under Section 105, as he was one of several joint landlords.

(2.) The defendants are in occupation of lands situated within three revenue paying estates, Nos. 23, 26 and 31. They have been recorded in the Record of Rights as persons who are in occupation, without payment of rent, of lands liable to assessment. One set of defendants has the status of tenure-holders : some are described as settled raiyats : and one is recorded as an occupancy raiyat. In respect of all of them the note is made that they are liable to have rent assessed in respect of the lands in their occupation. The plaintiff who is the purchaser of estate No. 31, which has been sold for arrears of revenue and which comprises a one-fourth undivided share of the plots included within the various tenancies, now seeks for settlement of fair rents under Section 105 of the Bengal Tenancy Act.

(3.) It has been assumed for the purposes of the argument before us and for that purpose alone that the proprietors of the three estates, before the revenue sale of estate No. 31, constituted joint landlords of the defendants. The question for determination is whether that state of things must be deemed to continue notwithstanding the sale of estate No. 31 for arrears of revenue.