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1946 Supreme(Cal) 144

SHARPE, B. K. MUKHERJEA
Amano Barmanya – Appellant
Versus
Adhar Chandra Mondal – Respondent


JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of the landlord t decree-holder and is directed against an order dated 12-7-1943 made by the Subordinate Judge, Murshidabad, dismissing the appellant's application for execution of a rent decree on the ground that it is barred u/s 168A, Bengal Tenancy Act. The facts material for our present purposes may be shortly stated as follows : The appellant instituted a suit against the respondent for recovery of arrears of rent due in respect of a darputni tenure held by the respondent under her, in the Court of the Sub-ordinate Judge of Murshidabad in the year 1937 and it was registered as Kent Suit No. 27 of 1937. The claim in the suit was for arrears of rent due from Ghaitra kist 1341 B.S. to Ashar kist 1344 B.S. Before this suit was disposed of, an-other suit was brought by the appellant against the respondent claiming rent in respect of the same tenure for a subsequent period and this suit was numbered Rent Suit No. 1 of 1940. Both the two suits were disposed of on 30-9-1940 and two decrees were passed on one and the same day. Oh 25-4-1941, the landlord decree-holder applied for execution of the decree obtained in Rent Suit No. 27 o

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