SARAT KUMAR ROY Vs. SURENDRA NATH JOARDAR

JUDGEMENT

(1.) In the suit out of which this appeal arises the plaintiff sued the defendants to recover arrears of rent from the last two kists of 1326 to pous kist of 1329 at an annual rental of Rs. 34-5-31 pies with cesses and damages. His allegation was that the defendants father purchased the holding in question on 15 September 1919, at an auction sale and that the defendants had been holding this jama since their father's death. The defendants contested the suit. They raised a number of objections. The only one with which we are concerned in the present appeal is that they claim to be entitled to the suspension of the entire rent on the ground that they have been dispossessed from a large portion of the holding by the landlord.

(2.) The Munsif overruled the objection of the defendants and decreed the suit. In appeal the learned Subordinate Judge found that the defendants had been dispossessed from some portion of the holding and that they were entitled to the suspension of the entire rent.

(3.) The plaintiff appealed to this Court and the appeal was heard by my learned brother Mr. Justice Roy and myself and we remitted the case to the lower appellate Court for a definite finding as to how much land the defendants father actually came into possession when he purchased the holding at the auction sale and how much land they had been dispossessed from, if any, by the plaintiff and, if so, when. The learned Subordinate Judge has found that the defendants came into possession of at least 30 bighas of land when they purchased the holding at the auction-sale and that they were subsequently dispossessed by the plaintiff from no less than ten bighas of land in Baisakh or Joistha 1327.