AMIRUDDI GAZI Vs. MAKHAN LAL CHATTERJI

JUDGEMENT

(1.) The dispute out of which this appeal has arisen has its immediate origin in the fact that the present appellants on 8 May 1915. obtained a decree against a man named Kedar Nath Ghose for payment of rent in respect of certain lands in mouza Dudli, in Chakley Dhuliapur.

(2.) Respondent 1, Makhan Lal Chatterjee, claimed that these lands Were included in a purchase made by his father at an auction sale on 25 February 1907, and accordingly instituted the proceedings which have culminated in this appeal against the appellants, and Kedar Nath Ghose claiming that the appellants had no interest in the lands and that ho was entitled to rent from the tenant.

(3.) The Subordinate Judge dismissed the suit; on appeal to the Additional District Judge this decree was set aside and the plaintiffs' claim granted and an appeal from the District Judges to the High Court of Calcutta was dismissed chiefly upon the ground that the question in issue was really one of fact upon which the decision of the District Judge was final. The whole of the relevant evidence in the matter is, However, documentary, the documents themselves constitute the foundation of the rights claimed by respondent 1, and in their Lordships' view the simple and attractive solution which not unnaturally commended itself to the High Court cannot be accepted and the matter must be again examined throughout.