SADAI NAIK Vs. SERAI NAIK AND MATANGINI DASI
SERAI NAIK AND MATANGINI DASI
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(1.) This appeal arises out of a suit for rent instituted under Act X of 1859. The claim was in respect of the year 1305 (Urya style=24 Bhadra 1304 to 12th Bhadra 1305 B.S.) It was opposed by the defendant, the tenant, upon the ground that the plaintiff had no right to recover it; and he was supported in that respect by a third party, who intervened under the provisions of Section 77 of the said Act.
(2.) The Deputy Collector, who had to try the suit, was of opinion that the plaintiff was entitled to recover the rent and accordingly passed a decree in his favour.
(3.) An appeal was preferred against that decree to the District Judge, and that officer has reversed the judgment of the Deputy Collector upon the ground that the plaintiff is not entitled to recover the rent claimed. We shall presently notice the grounds, upon which the learned Judge has come to this conclusion.;
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