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MUKERJI
Abdul Rajjak Sikdur – Appellant
Versus
Promada Sundari Devi – Respondent
JUDGMENT
Mukerji, J. - In the suit out of which this appeal arises plaintiffs claim rent from the defendants Nos. 1 to 4 for their 8 1/2 annas-share of a Nim Howla which is subordinate in the remaining 7 1/2 annas-share to a Nim Osat taluk belonging to the defendant No. 5 and in the said 8 1/2 as share to a pattan miras ijara held by the plaintiffs as darpattan miras ijara. The defendants Nos. 1 to 4 contested the suit alleging that the darpattan miras ijara was fictitious and fraudulent and there was no relationship of landlord and tenant as between the plaintiffs and themselves. The defendant No. 5 also challenged the bona fide character of the darpattan miras ijara, denied that the plaintiffs acquired any rights under it, and averred that he, having purchased the pattan miras ijara in execution of a decree for arrears of rent thereof, he has become the landlord of the defendants Nos. 1 to 4 to the extent of 'the 18 annas share.
2. The suit was dismissed by the Court of first instance, but on appeal the learned Subordinate Judge decreed the same in favour of the plaintiffs.
3. The learned Subordinate Judge held agreeing with the trial Court that the plaintiffs darpattan miras ijara
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