KUMAR SARAT KUMAR ROY; SARAT CHANDRA MUKHERJEE; PROMOTHO NATH CHATTERJEE Vs. SRIPATI CHATTERJEE; RAM CHANDRA CHATTERJEE

JUDGEMENT

(1.) The plaintiff-appellant in Second Appeal No. 2866 of 1915 is Kumar Sarat Kumar Roy of Dighapatia. There were three categories of defendants in this suit, the Malliks, described as principal defendants , the Chatterjees, described as colluding defendants , and the Roys, relatives of the plaintiff, described as pro forma defendants.

(2.) The Kumar, who is also the appellant in Appeals Nos. 3239 and 3240 of 1915, is the holder of a five-annas nine-pies share in Mauza Kalikapur, Another share of five annas nine pies is let out in patni; the present patnidars being Sarat Chandra Mukherjee and another (appellants in Appeal No. 3282 of 1915). The former patnidar was a lady named Jarao Kumari. The remaining share of four annas six pies is now held, also in patni, by the sons of Charu Chandra Chatterjee, the appellants in Appeal No. 778 of 1916, who are not to be confused with the Chatterjee defendants.

(3.) The Chatterjee defendants are the tenants under the Kumar and the other appellants of a portion of Mauza Kalikapur and of a chur which has formed contiguous to the Mauza. The tenancy has given rise to a crop of cases out of some of which these appeals arise, those mentioned in the last paragraph arising out of suits for rent, to which the Malliks are not parties. I will come to them later.