BASHIRAM NATH Vs. DINA NATH DEY

JUDGEMENT

(1.) This is an appeal in a suit for rent and the only question involved is whether the plaintiff is entitled to recover the whole of the rent for the holding or only the half of the rent.

(2.) The plaintiff is the heir of one Gopi, who shared with his two brothers, Ramjoy and Baidya, the original landlords interest. Ramjoy and Baidya both died before Gopi and as neither of them left any children and the widows of both died before Gopi, Gopi would, in the ordinary course, be the heir of both. But the defence was that one Dina Nath was a foster son of Ramjoy and as such entitled to a half share of the property. The learned Subordinate Judge gave effect to this contention and, therefore, decreed the suit for rent of only half the holding.

(3.) A preliminary objection is taken to the hearing of this appeal under Section 153 of the Bengal Tenancy Act, the amount of rent involved being less than Rs. 100.