JUDGMENT

Mukherji, J. - This is an appeal preferred by the defendants Nos. 27 to 31 from the decree of the learned Additional District Judge of Dacca, dated the 28th November 1922 by which he allowed the appeal of the defendant No. 1 in the suit and which appeal had been preferred agains the decree passed by the learned Subordinate Judge on the 23rd August 1921.

2. The facts out of which this appeal arises are these. The suit was originally instituted by plaintiffs Nos. 1 and 2 against two sets of defendants: one set being the tenants and the other the pro forma defendants who were the co-sharers of the plaintiffs. By an order passed on the 2nd June 1921 some co-sharer defendants, namely, the defendants Nos. 27 to 31 who are the appellants in this appeal were transferred to the category of the plaintiffs. On the 9th August 1921 a petition of compromise was put in, in the suit on behalf of the plaintiffs and some of the defendants namely, defendants Nos. 1, 33, 34 and 35. On the 23rd August 1921 another petition of compromise was put in as between the plaintiffs and the defendants Nos. 2 to 5, 7 to 9 and, 12 to 15. The learned Subordinate Judge on the 23rd August 1921 examined one wit