MOHINI MOHAN SAHA CHOWDHURY Vs. MEAJAN

JUDGEMENT

(1.) The suit out of which this appeal arises is based upon the following fasts. There were five plots of land which were settled at a consolidated jama with the tenant defendants by the pro- forma defendants who claimed an exclusive title to the lands. The plaintiffs thereupon brought a suit against the pro-forma defendants and the tenant defendants claiming exclusive title to the land and for khas possession. The suit was decreed in the plaintiffs favour in the First Court and their title to the lands was declared, but their claim for khas possession was refused. The pro-forma defendants preferred an appeal against that decision; and in the appellate Court the plaintiffs and the pro-forma defendants, came to a compromise under which the plaintiffs got three of the plots and the two remaining plots remained the property of the pro-forma defendants. The tenant defendants were parties in the suit as well as in the appeal, but they were not parties to the compromise. Under the compromise the plaintiffs were to get Rs. 10 per year as rent, the entire rent being Rs. 15 for the five plots.

(2.) Thereafter the plaintiffs brought a suit against the tenants in which they claimed rent at Rs. 10 per year on account of the three plots in accordance with the compromise above referred to. That suit was dismissed as not maintainable on the objection of the tenants that the plaintiffs were not entitled to a portion of the rent and the tenancy could not be sub- divided without their consent.

(3.) The plaintiffs have brought the present suit for the entire rent of the jama making all the co-sharers parties with the prayer that out of the entire rent decreed they may be allowed to recover their share of the rent at the rate of Rs. 10 per year. The Courts below have held that the present suit is also not maintainable. So the plaintiffs have appealed to this Court.