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1920 Supreme(Cal) 271

ASUTOSH MOOKERJEE, ERNEST FLETCHER
Gosta Behari Pramanick – Appellant
Versus
Atar Sundari Dasi – Respondent


JUDGMENT

Asutosh Mookerjee, Acting C.J.

1. This is an appeal by the plaintiffs in a suit for contribution. Plaintiffs and the father of the defendant were joint owners of a putni. The share of the plaintiffs was 7/8ths, while the share held by the father of the defendant was 1/2th. On the death of the father of the defendant, that share was taken by inheritance by the defendant and her sister. Under the terms of the putni lease, certain sums had to be paid into the Collectorate by the kutnidars. The plaintiffs allege that they paid the whole amount due and are consequently entitled to contribution in respect of the sum paid in excess of what was their legitimate share. A difficulty has, however, been created by the death of the sister of the defendant since the payment was made. The plaintiffs contend that they are entitled to recover the whole of the sum paid in excess of their own share from the defendant alone. This contention has been negatived by both the Courts below. In our opinion there can be no doubt as to the correctness of that decision.

2. The defendant and her sister jointly held the 1/8th share of the putni. They enjoyed the income from that share presumably jointly, an

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