LAWS(PVC)-1905-3-5

RAMMOYI DASI Vs. RUPAI PRAMANICK

Decided On March 07, 1905
RAMMOYI DASI Appellant
V/S
RUPAI PRAMANICK Respondents

JUDGEMENT

(1.) The present appeal arises out of a suit brought by the plaintiff-appellant to recover rent from the defendants for certain lands in their possession for the year 1307.

(2.) The defendants raised the plea in defence to the suit that the suit could not proceed against them for the full rent claimed, because there had been a sub-division of the holding or tenure by the sale of a portion thereof to a third party, and that the suit could not proceed unless that third party was made a party to it, and that the plaintiff could not recover the full rent for the holding from the defendants as they were only in possession of a portion of the same.

(3.) The Munsiff held that the plea of the defendants was untenable, because, even supposing that it was within their right to sell a portion of the holding, yet the provisions of Section 88 of the Bengal Tenancy Act had not been complied with and that, therefore, even if any sub- division of the holding had been effected by such sale, it was not binding on the landlord. He, therefore, decreed the plaintiff's suit, there being no real contest as to whether the rent was due or not.