JUDGEMENT

Appeal (No. 51 of 1941), by special leave, from a decree of the High Court (March 29, 1938) which reversed a decree of the Additional District Judge, Faridpur (April 17, 1935), which had affirmed a decree of the Subordinate Judge, Faridpur (February 6, 1933)-

The following facts are taken from the judgment of the Judicial Committee The suit out of which this appeal arose was begun on April 15, 1931. It was a suit for three years rent of a permanent tenure which had been granted by the predecessors of the plaintiffs (respondents) and of certain pro forma defendants to one Srinath Sarkar, by a patta dated July 8, 1875, and for which a kabulyat had been executed by Srinath on May 22, 1877. He was engaged on zemindari management in the service of the respondents predecessors who granted him the patta. He died childless in 1890, and his widow, Patambari Dassee, succeeded him as tenureholder. She died on March 3, 1930, whereupon the appellant and his two brothers succeeded as her husbands reversioners. They were not originally made parties to the suit, but were added on their own application. The appellant had since acquired his brothers interests. His defence to the suit was th