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1910 Supreme(Cal) 388

SHARF-UD-DIN, MOOKERJEE
Kashi Kinkar Sen – Appellant
Versus
Satyendra Nath Bhadro – Respondent


JUDGMENT

1. This is an appeal on behalf of the first defendant in a suit for arrears of rent. In the original Court, the suit was commenced against three defendants, on the allegation that they held the lands of the tenancy jointly, and were bound to pay rent to the plaintiff for his share in the superior interest at the rate of one rupee five annas per year with cases in four equal installments. It was further alleged that an equal amount was payable to the co-sharer landlords who were joined as the fourth and fifth defendants. The tenants defendants resisted the claim substantially on the ground that rent was payable to the entire body of landlords at the rate of 12 annas 16 gundas a year. Upon these pleadings the issue was raised, what was the amount of rent and cases payable by the defendants to the entire body of landlords? The defendants produced rent receipts for previous years in support of their allegation. The plaintiff, on the other hand, produced a road-cross ret urn purporting to have been filed on behalf of the first defendant which apparently supported the rate alleged by the plaintiff. The Court of first instance held that the first defendant was bound by the admissi

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