JUDGMENT

Suhrawardy, J. - The plaintiffs-appellants brought a suit against the defendants for arrears of rent for the years 1321 to 1324 on the basis of a pottah, dated the 3rd Sraban, 1301. The property in respect of which rent was claimed consisted of 25 kittas of lands. Defendants Nos. 3 and 4 only appeared and contended inter alia that they held a separate 4 annas hissya in the 25 kittas and paid rent to the plaintiffs according to their share. They further denied their liability for the entire rent and claimed that a decree in respect of their 4 annas share should be passed against them. The learned Munsif before whom the suit was brought give a decree to the plaintiffs overruling all the objections of the defendants. The Subordinate Judge of Backergunj on appeal found against the plaintiffs on some points. He, first, found that the pottah created a tenure not of a composite holding but of several kittas of which the land was comprised. He next found that there was Kharij of the 4 annas hissya of defendants Nos. 3 to 9 and that they were not liable for the entire rent. As a result of his findings he passed a decree to the effect that one-fourth of the claim should be decreed ag