KRISTO DAS ROY Vs. BEHARI LAL SIKDAR

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of certain sums of money as rent and damages.

(2.) It appears that the plaintiff and the defendants Nos. 1 to 3 were co sharers in certain property, and that under an arrangement between them the defendants Nos. 1 and 2 were to remain in possession of the entire property as tenants. In 1911, a suit for partition and accounts was brought by defendant No. 3 against the plaintiff and the defendants Nos. 1 and 2, and at that time the defendants Nos. 1 and 2, gave up the tenancy. The suit was referred to arbitration and a decree was made on the 24th May 1913 upon the award made by the arbitrators. Under that decree the defendants Nos. 1 and 2 were liable to pay to the plaintiff Rs. 801 annas 3.

(3.) The present suit was instituted on the 28th January 1915, and one of the items claimed in the suit was the sum of Rs. 801 annas 3, which the defendants were found liable to pay to the plaintiff under the award of the arbitrator.