RADHABINODE MONDAL Vs. NABA KISHORE MONDAL

JUDGEMENT

(1.) These two appeals arise out of two different suits for rent brought by the plaintiff against a number of defendants. Defendant No. 12 is the appellant before us; and the only point that requires consideration is whether the plaintiff's suits are maintainable as framed. The plaintiff claims 1/6 share of the rent alleging that that is due to him on account of the holdings.

(2.) The finding of the lower Appellate Court is that the co-sharers who own 2/3 share in the estate were collecting their share of the rent separately for a considerable time, and the plaintiff and his brother were collecting their 1/3 share jointly. But the plaintiff and his brother started collecting their shares separately from the beginning of 1321 B.S. The claim is for the rent of the years 1319 to 1322 B.S. Both the Courts below decreed the plaintiff's suit for the rent of his 6 share.

(3.) The principal ground urged on behalf of the appellant is that the plaintiff is not entitled to maintain his suit for his 1/6 share of the rent. It is urged that the fact that the plaintiff and his brother Gopi Kishore were collecting their l/3 share jointly might raise an inference that the defendants had agreed to pay the rent for the 1/3 share belonging to the two brothers jointly and the rent for the other 2/3 share to the other co-sharer, but there is nothing to show that the defendants ever consented to pay the plaintiff the rent for his l/6 share separately. The question, therefore, is whether the plaintiff and his brother being joint proprietors with regard to the l/3 share of the rent payable to them the plaintiff is entitled to enforce his claim to the 1/6 share of the rent as against the defendants without their consent. Obviously he is not so entitled. The plaintiff alone may sue for the enforcement of the entire contract between him and his brother by making his brother a party defendant. But he is not entitled to enforce a part of the contract between himself and his brother on the one hand and the tenants on the other.