JAYNAL ABEDIN Vs. HYDER ALI KHAN PANI

JUDGEMENT

(1.) This is an appeal from a decree of the Subordinate Judge of Mymensingh, dated 11th December 1924, which affirmed a decision of the Munsif of Tangail dated 28 February 1923.

(2.) The suit in which this appeal arises was commenced by the plaintiff for recovery of arrears of rents and cesses together with damages for the years 1327 and 1328 B.S. from the defendants who are three in number at the rate of Rs. 135-8-0 per year. The plaintiff alleges that defendant 1 was the original holder of the durputni to which the suit relates and that defendants 2 and 3 are transferees from defendant 1 of the durputni interest and they have consequently been impleaded in the suit.

(3.) The defence of the defendants, who filed separate written statements, is substantially this: That plaintiff is not entitled to recover any rent as the defendants have been kept out of possession of two mouzas, Haria and Gajaria, compirised in the durputni and that the rate at which the rent has been claimed cannot be recovered as the solenamah, on the basis of which this rent was adjusted, was invalid and inoperative.