SHIB PROSAD CHAUDHURI Vs. YAKAI PALI

JUDGEMENT

(1.) These are appeals in suits instituted by the same plaintiffs against different defendants for recovery of sums of money payable on account of rents of agricultural lands held by the defendants and of fishery rents with respect to a. julkar.

(2.) The defendants were long in occupation of the agricultural holdings. It appears from the judgment of the Lower Appellate Court that they claimed the right of fishing in a certain bed called Sukna bed as a right appurtenant to their holdings, that the landlords, who are the assignors of the plaintiffs, attempted to lease out the beel to a stranger of the name of Debi Charan Sircar, and in order to avoid disputes with such a lessee of the beel, the defendants in each of these cases agreed to pay fishery rents in addition to the rents of their agricultural holdings to prevent the landlords losing fishery rent. The case of the plaintiffs is that the defendants agreed to pay one anna for each rupee of rents of the agricultural holdings. These are suits for consolidated amounts, including the rents of agricultural holdings and the amounts contracted to be paid on account of the fishery.

(3.) The Munsiff came to a conclusion, which is practically in favour of the plaintiffs. On appeal, however, the learned District Judge has held that the suits so far as they related to rents of the agricultural holdings were maintainable, but so far as they related to the fishery they were not maintainable, as the claims for fishery rents could not be united with suits for rents of agricultural holdings. The learned Judge has given decrees for agricultural rents only.