HARIDAS MAJUMDAR Vs. GOLAM MAHIUDDIN FARUQI

JUDGEMENT

(1.) This is a Reference by two of my learned brothers in certain second appeals.

(2.) The appeals were divided by the learned Judge into three groups, and it was the third group of appeals, to which the questions, which were referred, related.

(3.) The questions were as follows; (i) whether a co-sharer collecting his own shares of the rent separately from the other co-sharer or co-sharers is a joint landlord within the meaning of Section 188 of the Bengal Tenancy Act, and (ii) whether such a co-sharer is entitled to make an application under Section 105 of the Act.