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1935 Supreme(Cal) 403

S. K. GHOSE, MCNAIR
Shib Krishna Sinha Sarma – Appellant
Versus
Atarjan Khan – Respondent


JUDGMENT

1. This Rule arises out of an application for distribution of rent u/s 88 of the Bengal Tenancy Act and the relevant facts are these. There is a tenure bearing a rental of about Rs. 50. The opposite parties Nos. 1 and 2 having purchased 2 as. 13 gandas 1 kr., 1 krant share of that tenure made the application for distribution of rent in their share. The opposite parties Nos. 3 and 4 are the other co-sharer tenants and the remaining opposite parties are the landlords. The application was resisted by the present petitioners who are the opposite parties Nos. 1 to 7 and they stated that the rent of the tenure was being collected separately by the petitioners and the co-sharer landlords, the rent in petitioners' share being Rs. 30-4 and odd gandas, that in the share of opposite party No. 5 being Rs. 4-6 and odd gandas, that in the share of opposite parties Nos. 6 to 10 being Rs. 1-12 and odd gandas, and that in the share of opposite parties Nos. 14 to 21 being annas 9 and 10 gandas. They contended that the distribution as prayed for would be contrary to the provisions of Section 88 and adversely affected the interests of the landlords. It may be mentioned here that the remaining

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