JOTIRMOY MOULIK Vs. KHUDIRAM SADHU KHAN AND KALIMATI DASSI MINOR REPRESENTED BY HER HUSBAND ASHUTOSH DEY MONDAL

JUDGEMENT

(1.) This appeal is preferred by plaintiff No. 1 against a decision of the Additional District Judge of Jessore, dated 19th February 1917, reversing a decision of the Munsif of the same place. The plaintiff brought a suit against the defendants, alleging that they were his tenants, for an assessment of fair and equitable rent. The first Court decreed the suit. The lower Appellate Court dismissed it apparently on two grounds, firstly, on defect of parties and secondly, on the ground of limitation.

(2.) What happened is this. There were two jamas. There was a dispute between the plaintiff and another man as to whether the two jamas in suit belonged to one particular Ganti or the other. These two Gantis are referred to in the judgment of the learned Judge as Rs. 136 and Rs. 70 Ganti respectively. The parties resorted to litigation. The present plaintiff was a plaintiff and the other Gantidar was a defendant and the present tenant was also a defendant.

(3.) The matter was referred to an arbitration. What the arbitrators found was that these two plots of land were situated within the limits of the plaintiff s Ganti and, therefore, according to the terms of the award the learned Judge passed a decree declaring the plaintiff s title to the two plots of land in dispute in the presence of the other Grantidar and the present defendant.