ABDUL MAJID Vs. KULSAM BIBI

JUDGEMENT

(1.) This is an appeal from a decision of the Subordinate Judge of Tipperah, varying a judgment and decree of the 2nd Munsif of Nabinagar, dated the 2 September, 1921. It appears that the plaintiffs and the defendant were coil tenants of a holding Rent having fallen into arrears the landlord brought a suit against them for rent for part of the year 1392 and for the years 1323 and 1324 and obtained a decree. The plaintiffs made the necessary payment to save the holding from being brought to sale, and in this suit they claimed against the defendant for contribution in respect of the amount so paid.

(2.) Before us it is not contended that the defendant is not liable to this contribution, but it is argued that for certain other payments made by the defendant to the land- lord in respect of the rent for the previous years that defendant is entitled to get credit by way of set-off in this suit of the amount which he would have been entitled to claim from the plaintiffs by way of contribution in respect of these payments made to the landlord by the defendant himself.

(3.) Upon this point both the Courts below have found against the defendant and that is the sole point, which is now argued before us in this second appeal.