FAKIR CHANDRA CHAKRAVARTY Vs. PANDIT SRI LAKSHMI KANT JHA
LAWS(CAL)-1970-2-8
HIGH COURT OF CALCUTTA
Decided on February 19,1970

FAKIR CHANDRA CHAKRAVARTY Appellant
VERSUS
PANDIT LAKSHMIKANT JHA Respondents

JUDGEMENT

- (1.) This Letters Patent Appeal arises out of a suit for rent. The tenant defendant is the appellant before us.
(2.) The suit was instituted by two plaintiffs for recovery of arrears of rent in respect of a tank for the years 1361 and 1362 B.S. of the suit tank, plaintiff No.1 was, admittedly, the proprietor. The defendant-appellant, who was defendant No.1 in the suit, was the settlement holder for the years 1359 to 1363 B.S. Plaintiff No. 2 took a lease of the said tank from plaintiff No. 1 under a document, executed some time in March, 1955.
(3.) The learned Munsif decreed the suit for the year 1361 B.S. and dismissed it with regard to 1362 B.S. According to the learned Munsif, the plaintiffs were intermediaries and their interest had vested in the State with effect from 1st Baisakh, 1362 B.S. with the result that they became disentitled to realize rent from defendant No.1, the tenant in occupation, for the year 1362 B.S. and onwards.;


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