KRISHNA DAS ROY Vs. MANINDRA CHANDRA NANDI BAHADUR

JUDGEMENT

(1.) In the suit out of which this appeal has arisen the plaintiff sued the defendant for recovery of arrears of rent with the usual cesses and damages. His case was that he was a part- proprietor of a certain deara mehal bearing Touzi No. 6504 of the Faridpur Collectorate, his share being one anna three three-fourths gundas odd and that the defendants had taken an ejara lease of the whole mehal from the plaintiff's predecessor in interest and his cosharers at a certain jama.

(2.) The plaintiff's case was that he collected his share of the rent separately and as the defendants had failed to pay his rent for the years 1326 to 1329 B.S. he brought the suit.

(3.) The case of Defendant No. 1 who contested the suit was that the relationship of landlord and tenant did not exist between him and the plaintiff, that the mehal had been temporarily settled with him (Defendant No. 1) by the Secretary of State for India in Council for 15 years and also that the suit was bad for misjoinder and non-joinder of parties.