JUDGMENT

1. The plaintiffs are the appellants before us and the facts, which have given rise to this appeal are, shortly stated, as follows:

The plaintiffs, who are the landlords, instituted a suit, being Suit No. 984 of 1919, in the Court of the Munsif at Dubrajpur, for recovery of arrears of rent for the years 1322 to 1325 B.S. The jote, in respect of which the arrears of rent were claimed, stood in the names of two persons named Miran and Bishnu Chaudhuri. The parties, who were made defendants in the suit, contended that all the heirs of the said two recorded tenants had not been made defendants and accordingly the suit was incompetent.

2. The Court of first instance found that all the heirs of the said two recorded tenants were in possession of the jote, and that a son of Bishnu Chaudhuri and the heirs of other sons of Bishnu Chaudhuri and heirs of Miran Chaudhuri had not been made parties to the suit, and accordingly dismissed the suit, holding that it was bad for defect of parties.

3. The plaintiffs appealed to the learned District Judge of Birbhum, the appeal being numbered No. 19 of 1920. The lower Appellate Court observed as follows : "Then as regards the facts of the individ