JUDGMENT

R.C. Mitter, J. - The property in suit, which is a plot of land in the town of Khulna, twelve and half cottas in area, is a part of a bigger block of 25 cottas, which originally belonged to defendant 1 and one Krishnadhone Pramanik in equal shares, On 8th January 1927 defendant 1 sold his undivided eight annas share in the block of 25 cottas to the plaintiffs, who thereafter instituted a suit for partition against Krishnadhone Pramanik. That suit terminated on 8th January 1929 with a compromise decree. A commissioner of partition was appointed and the block was partitioned by metes and bounds; the northern half with an area of 12 cottas was allotted to Krishnadhone and the southern half with an area of 12 cottas was allotted to the plaintiff. While the partition suit was pending defendant 1 sued defendant 2 for arears of rent on the allegation that the latter was a tenant under him of 10 cottas of land out of the said block of 25 cottas at a rental of Rs. 5-8-0. This 10 cottas of land has fallen to the plaintiff's allotment. The said suit was decreed ex parte on 25th July 1928. The plaintiff's case is that this was a false suit, based on a fictitious tenancy, instituted wit