Judgement

Consolidated Appeals (No. 80 of 1921) from a judgment and decree of the High Court (August 26, 1919) modifying decrees of the Subordinate Judge of Hooghly, which affirmed decrees of the Munsif.

The first respondent brought the two suits out of which the present consolidated appeal arose against the appellants and the remaining respondents (representing defendants 3, 14, 15) to recover rent which he alleged was due from all the defendants as darpatnidars in a taluq of which he was the patnidar. In the first suit, brought in November, 1914, he claimed Rs.1136; in the second, brought in February, 1915, he claimed a further Rs.1321 as since accrued. The annual rent of the darpatni tenure was Rs.4325.

The defendants other than Nos. 3, 14 and 15 by their written statement relied on a registered deed dated July 6, 1914, which they had executed in favour of the other defendants. By that deed they recited that by a registered kobala executed by them in 1313 (B.S.), i.e. 1906 A.D., they had sold their 12 annas share in the darpatni for Ks.3000 to the other defendants, who had since enjoyed the whole property, but that the patnidar having since brought suits for rent joining them as