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Maharaja Bahadur Sir Prodyot Coomar Tagore, Kt. – Appellant
Versus
Hamidar Rahaman Mia – Respondent
JUDGMENT
1. This appeal arises out of a suit for recovery of arrears of rent of a nontransferable Appeal from Appellate Decree No. 397 of 1936 occupancy holding for the years 1337 to 1339 and for the first 12 days of Baisakh, 1340, B. S. One Sonabon Bibi had 2 1/2 annas share in this holding. She sold her entire share in the holding to some persons in 1332 and 1333, B. S. Thereafter she died leaving Defendant No. 2 in this suit as her sole heir. The Courts below have dismissed the suit against Defendant No. 2 and have decreed it against the other Defendants. This Second Appeal is by the Plaintiff against the decree; of the Courts below dismissing the suit against Defendant No. 2. The only point for determination in this appeal is whether the Courts below were right in dismissing the suit against Defendant No. 2. " Rent" means whatever is lawfully payable or or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant [sec. 3, cl. (5) of the Bengal Tenancy Act]. "The liability of a tenant to pay rent arises from the fact of possession of the land as a tenant where there is no express contract and all persons in possess
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