KAILASH CHANDRA MITRA Vs. BROJENDRA KUMAR CHAKRAVARTI

JUDGEMENT

(1.) I agree in the view expressed by my learned brother Mr. Justice B.B. Ghose in the judgment which he is going to deliver. Greaves, J.

(2.) I also agree, in the view expressed in that judgment. C.C. Ghose, J.

(3.) The question that has been referred to the Full Bench is as to whether a suit for rent is maintainable against some of the heirs or successors-in-interest of a deceased tenant without bringing all the heirs or successors-in-interest on the record. In my view, the answer to the question ought to be in the negative. It will serve no useful purpose to discuss the conflicting authorities on the point. It is sufficient for me to observe that I adhere to the view which I expressed in the case of Abinash Chandra Roy V/s. Fulchand Chaudhuri.(7). I have heard nothing during the (sic) of the argument to induce me to (sic) from the opinion expressed by me in the above case. In my opinion, the suit as framed, should be dismissed and the appeal preferred by the defendants allowed. B.B. Ghose, J.