GNANADA GOBINDO CHOUDHURI Vs. NALINI BALA DEBI

JUDGEMENT

(1.) This appeal arises out of a suit for rent in respect of a patni tenure for the years 1324 to 1327 B.S. The defendants may be classified into two groups, the defendants Nos. 1 to 5, 8 and 9 being the holders of an 8-annas interest, while the other 8-annas which was formerly held by the defendant No. 6 Jamini Kumar Pakrashi is now alleged to be held by the defendant No. 7 Nalini Bala Debi. The plaintiffs case is that this 8-annas share was purchased by the estate of one Bidhumukhi Debi which now belongs to Nalini Bala Debi. Bidhumukhi is dead, and so is her adopted son Birendra, whose widow is Nalini Bala.

(2.) The Subordinate Judge decreed the plaintiffs suit against the defendants Nos. 1 to 5 and 7 to 9. On appeal preferred by the defendant No. 7 Nalini Bala the learned District Judge absolved her from liability for payment and set aside the decree in so far as it was against her. The plaintiffs have appealed.

(3.) On the merits the learned District, Judge was of opinion that the 8-annas share of Jamini was purchased for the estate of Bidhumukhi and with her money and, therefore, the estate was liable for the rent. He, however, held that a previous decision stood as a bar in the plaintiffs way and operated as res judicata.