SHIB CHANDRA TALUKDAR Vs. LAKHI PRIYA GUHA

JUDGEMENT

(1.) The plaintiffs-appellants brought a suit against the defendants for arrears of rent for the years 1321 to 1324 on the basis of a pottah, dated the 3 Sraban, 1301. The property in respect of which rent was claimed consisted of 25 kittas of lands. Defendants Nos. 3 and 4 only appeared and contended inter alia that they held a separate 4 annas hissya in the 25 kittas and paid rent to the plaintiffs according to their share. They further denied their liability for the entire rent and claimed that a decree in respect of their 4 annas share should be passed against them. The learned Munsif before whom the suit was brought give a decree to the plaintiffs overruling all the objections of the defendants. The Subordinate Judge of Backergunj on appeal found against the plaintiffs on some points. He, first, found that the pottah created a tenure not of a composite holding but of several kittas of which the land was comprised. He next found that there was Kharij of the 4 annas hissya of defendants Nos. 3 to 9 and that they were not liable for the entire rent. As a result of his findings he passed a decree to the effect that one-fourth of the claim should be decreed against defendants 3 to 9 and remaining three-fourths against defendants 1, 2 and 10 to 12.

(2.) The plaintiffs have appealed and it is contended on their behalf that the view of the learned Judge on the construction of the pottah and his finding that the dahkilas produced by the defendants prove a division of the tenancy with the consent and knowledge of the landlords are not correct.

(3.) With regard to the second point, we are Of opinion that it is concluded by the findings of fact arrived at by the Subordinate Judge. He has considered the entire evidence, oral and documentary, and come to the conclusion that it satisfactorily proves that the landlords recognised the separate tenancy of the contending defendants in respect of the 4 annas hissya of the property.