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1925 Supreme(Cal) 437

SUHRAWARDY, CUMING
Indra Narain Manna – Appellant
Versus
Sarbasova Dasi – Respondent


JUDGMENT

Suhrawardy, J. - These two groups of appeals arise out of rent suits brought by the plaintiff in respect of the 16 annas rent for 1326 and a portion of 1327 B.S. The defence of the tenants was that the plaintiff was not entitled to more than 8 annas share of the rent. In the first group of cases the Court of first instance dismissed the plaintiff's suit on the ground that she had not acquired a title in respect of 8 annas of the property, and with reference to the other 8 annas the claim was dismissed as the plaintiff failed to prove separate collection. On appeal by the plaintiff the learned Subordinate Judge decreed the plaintiff's suit for the entire 16 annas of the rent. The first group of appeals therefore are from the decrees of the lower Appellate Court by the tenant of defendants. In the second group of cases the Court of first instance (presided over by a different officer) decreed the plaintiff's suits in full and on appeal by the tenants the Subordinate Judge (who was a different officer) dismissed the plaintiff's suit on the ground that the plaintiff was not entitled to 8 annas share of the rent from the defendants and with regard to the remaining 8 annas, she f

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