NARENDRA NATH KUTI Vs. SATYADHAN GHOSAL

JUDGEMENT

(1.) One of the defendants-appellants died more than six months ago, and no application was made for the substitution of his legal representatives. That, being so, the appeal abates so far as that appellant is concerned.

(2.) The question, however, is whether the whole appeal must fail by reason of the abatement of the appeal with respect to one of the appellants.

(3.) The appeal arises out of a suit for arrears of rent instituted by some co-sharer landlords against the tenants. The tenant defendants claimed abatement of rent. That was allowed by the Court of first instance. On appeal by the landlords, the lower Appellate Court reversed that decree and held that the defendants were not entitled to an abatement of rent as all the landlords were not parties to the suit. Against that decision of the lower Appellate Court, the present appeal was preferred.