DURLAV MONDAL Vs. HEM CHANDRA MUKERJEE

JUDGEMENT

(1.) This is an appeal by the defendants and arises out of a suit for rent at an enhanced rate. It appears that during the pendency of the suit in the Trial Court one of the co-sharers owning 4-annas of the proprietary rights compromised the suit with the defendants acknowledging them to be raiyats at fixed rate. After this compromise was filed an objection was taken on behalf of the defendants that the suit after the compromise ceased to be a suit by the whole body of the landlords and, therefore, was not maintainable.

(2.) The learned Munsif held that the suit having been properly instituted could not be rendered incompetent by one of the co-sharers compromising the suit with the defendants. That view was upheld on appeal by the learned District Judge.

(3.) The learned Vakil for the appellants, the defendants in the suit, urged two points before me. The first point was that in the circumstances which had happened the suit was incompetent as a suit for enhancement of rent. The second point was that upon the facts found the presumption under Section 50 of the Bengal Tenancy Act ought to have been raised in favour of the defendants.