Judgement

Appeal (No. 109 of 1928) from a decree of the High Court (March 25, 1926) reversing a decree of the Subordinate Judge of Kulna (December 24, 1926).

On November 11, 1921, the respondents brought the present suit against the appellants who were landlords of a dar-gant tenure which was created before the Bengal Tenancy Act, 1885, but was subject to its provisions. The plaintiffs claimed a declaration of their title to the tenure, and an injunction restraining the appellants from executing by a sale of the tenure three decrees, dated respectively June 14, 1911, August 18, 1915, and November 7, 1919, which were made in suits to which they had not been joined as defendants.

The appellants pleaded (inter alia) that the decrees were rent decrees which they were entitled to execute by attachment and sale of the tenure under Ch. XIV. of the Act; they also pleaded that the suit was barred by limitation.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit.

On appeal to the High Court the decision was reversed and an injunction granted. The learned judges (Chatterjee and Panton JJ.) held that the plaintiffs had a right by purchase of