JUDGMENT

Suhrawardy, J. - The suit out of which this appeal has arisen was one for contribution. The facts are that the plaintiff and the defendants held a jote jointly. At the instance of the landlord a certificate was issued and the jote was sold for arrears of rent. The plaintiff paid the* amount and had the sale set aside. Thereafter the present suit, was brought by the plaintiff for contribution against the defendants Nos. 1 to 6. The defendants Nos, 5 and 6 settled this case against them with the plaintiff; and the defendaiit No. 4's contention was that he had paid, his share of rent to the plaintiff. He died during the pendency of this appeal in this Court and no substitution has been made-in his place. The defendants Nos. 1 to 3 who are now the appellants before us Contend that they had paid their quota of the rent to the landlord before the certificate was-issued. The Courts below have granted" a decree to the plaintiff and the only ground taken before us on behalf of the: defendants Nos. 1 to 3 is that the plaintiff and the defendants being co-tenants and jointly liable for the rent in respect of, their joint tenancy, no right of contribution exists between them. I may men