Judgement

Consolidated Appeal (No. 14 of 1930) from two decrees of the High Court (June 17, 1928) on appeal from two decrees of the District Judge of Chittagong (June 27, 1925), made on appeals from a decree of the Second Subordinate Judge. The present appeal was by special leave granted at the hearing.

The effect of the judgment and decrees appealed from was to dismiss a suit brought in 1920 by the appellant against the respondent claiming a decree for Rs.2028-14-0 as rent for the Bengali year 1326 ( 1919- 1920) under a kabuliyat, dated October 11, 1917, relating to part of jote 83 which was included in the appellants taluk.

The respondent by his written statement pleaded (1.) that he had been induced to sign the kabuliyat by undue influence ; (2.) that the appellant had failed to put him into possession of the demised land. The first defence had been negatived by both the two first Courts, and the second only was material to the present appeal.

The judgment of the High Court, which was delivered by Mukherji J. and concurred in by Rankin C.J., dealt also with an appeal in another suit brought by the present respondents sisters against the present appellant and respondent claiming