JAFAR ALI Vs. HAR GOBINDA SARMA

JUDGEMENT

(1.) This appeal arises out of a suit for the years 1272 to 1274 M. S. brought by the plaintiff Har Gobinda Sarma against the tenants Jafar Ali and others. The plaintiff claimed to be the sole landlord and as such, claimed the entire rent of the holding. There was another suit brought by one Jagat Chandra Chakravarti against the same tenants and for the same period. The two suits were tried together as analogous. The same evidence was recorded in both the oases and the two suits were disposed of by the same judgment by the Court of first instance, although there were two separate decrees in the two suits.

(2.) The Court of first instance held that Har Gobinda was entitled to a 10-annas share of the rent and Jagat Chandra the plaintiff in the other suit was entitled to the remaining 6-annas share of rent.

(3.) It ought to be mentioned that Har Gobinda was a party defendant to the suit of Jagat Chandra. There was no appeal preferred against the decree passed in the suit instituted by Jagat Chandra. Har Gobinda preferred an appeal against the decree of the Court of first instance in his suit and on appeal the lower Appellate Court held that Har Gobinda alone had right to the entire rent and that Jagat Chandra had no right to any portion of the rent. In that view a decree for the entire rent was passed in favour of Har Gobinda. The result was that as against the tenant defendants there was a decree for 16-annas rent payable to Har Gobinda and another decree for 6-annas share of the rent in favour of Jagat Chandra. The tenant, defendants have appealed to this Court in the suit brought against them by Har Gobinda.